Terms of Use

Terms of Use

Last Modified: April 17,
2017.

1.
These Terms of Use (“Terms”) govern your
(“you” or “your”) use of our current and future online and mobile
websites, platforms, services, applications, and any affiliated sites and
associated applications with the www.Khloewithak.com website (“Site”),
which is owned and operated by WRI Tx (“Company,” “we,” “us,”
“our”). If you don’t agree with
these Terms, please do not use the Site.

2.
User Accounts. You must be over the age of 13 to register
with the Site. You also agree to provide true, accurate and complete
registration information when you create a user account. When registering with the Site and using any
of the services provided on the Site, you are responsible for maintain the
confidentiality of your account and password and for restricting access to your
computer, mobile device, tablet, or any other electronic device you use to
access the Site, and agree to accept responsibility for all activities that
occur under your account and/or password.

3.
Changes to Terms. We may modify
the Terms, or any part thereof, or add or remove terms at any time, and such
modifications, additions, or deletions will be effective immediately upon
posting. The most recent version of the Terms will be posted on the Site and
the most recent version shall supersede any and all other versions of these
Terms. Your continued use of the Site following such posting shall be deemed to
constitute acceptance by you of such modifications, additions, or
deletions. We also reserve the right to
modify the content or access to any feature of the Site at any time.

4.
Privacy. Your use of the Site is governed
by Company’s Privacy Policy, which is incorporated herein.

5.
Communication Preferences. If you
register with the Site, you consent to receiving service messages relating to
your account, such as payment confirmations, account verifications and
transactional notices. You also consent
to receiving other communications from us such as newsletters, special offers,
announcements and surveys, which you may opt out of by clicking on the
“unsubscribe” links contained therein.

6.
Geographic Restrictions. You may not be
able to access all or some of the content and services of the Site outside of
the United States and such access may not be legal by certain persons or in
certain countries. If you access the Site from outside the United States, you
are responsible for compliance with local laws. You represent and warrant that
(i) you are not located in a country that is subject to a U.S. Government
embargo, or that has been designated by the U.S. Government as a “terrorist
supporting” country, and (ii) you are not listed on any U.S. Government “watch
list” of prohibited or restricted parties, including the Specially Designated
Nationals list published by the Office of Foreign Assets Control of the U.S.
Treasury or the Denied Persons List published by the U.S. Department of
Commerce.

7.
Subscription,
Free Trial, Billing and Cancellation

A.
Free Access. You may access certain features
of the Site free of charge. However, if
you do not purchase a subscription, your access to the Site will be limited.

B.
Paid Subscription. You may access the
subscription-only features of the Site by signing up for a paid subscription,
which may start with a free trial. Only one person may use the user name and
password associated with a subscription account. You may be required to provide
a current, valid, accepted method of payment (“Payment Method”) to start your
subscription or free trial. Paid subscriptions are offered either on a monthly
or an annual basis (“Subscription Plan”).
All subscriptions are renewed automatically on the renewal date of your
Subscription Plan. When we renew your subscription, we will bill your Payment
Method for the subscription fee. You may not be notified in advance of each
renewal.

C.
Free Trial. From time to time, we may offer
free trials of the subscription service for a specified period of time. Company
reserves the right, in its sole discretion, to determine your eligibility for a
free trial, and to modify or withdraw a free trial at any time without notice
or liability. We may require you to provide your Payment Method to start the
free trial. On the first day after the
free trial ends, we will begin billing your Payment Method for the subscription
fee on a recurring basis, depending on your Subscription Plan, unless you
cancel prior to the end of the free trial period. However, we may authorize
your Payment Method as soon as you register for a free trial. In some
instances, your available balance or credit limit may be reduced to reflect the
authorization during your free trial period. You may not receive notice from us
that your free trial period has ended or that the paying period of your subscription
has begun.

D.
Recurring Billing. By subscribing to the Site
and providing your Payment Method, you authorize us to bill your Payment Method
for the subscription fee at the then current rate, and any other charges you
may incur in connection with your use of the Site. You acknowledge that the
amount billed each billing period may vary for reasons including promotional
offers, gift card redemptions and adding subscriptions. You authorize us to
bill your Payment Method for such varying amounts, which may be billed in one
or more charges during the billing cycle.

E.
Billing Cycle. The subscription fee will be
billed to your Payment Method at the start of the billing period of your
subscription and every billing period thereafter unless you cancel your subscription
or we terminate it. You must cancel your subscription before it renews for the
next paying period of your billing cycle in order to avoid payment of the next
cycle’s subscription fee to your Payment Method. Subscription fees are fully
earned upon payment. We automatically bill your Payment Method every billing
period. We reserve the right to change the timing of our billing.

F.
Price Changes. We reserve the right to change
pricing for subscriptions or any components thereof in any manner and at any time
as we may determine in our sole discretion. Subject to these Terms, any price
changes will take effect following email notice to you.

G.
No Refunds. PAYMENTS ARE NONREFUNDABLE AND NO
REFUNDS OR CREDITS WILL BE GIVEN FOR PARTIAL OR INCOMPLETE USE. We reserve the
right, in our sole discretion, to provide refunds, discounts or credits to
subscribers on one or more instances without obligation to do so in the future.
If any or all of the features of the Site are temporarily unavailable, you will
not receive a refund.

H.
Cancellation. You may cancel your
subscription to the Site at any time by logging into your account and following
the instructions for cancellation. Cancellation will become effective at the
end of your current billing period. You will not receive a refund or credit for
your current billing period. You may continue to access the subscription-only
features of the Site for the remainder of your current billing period.

8.
Third Party Materials. The Site may
display, include or make available third-party content (including data,
information, applications and other products services and/or materials) or
provide links to third-party websites or services, including through
third-party advertising (“Third Party Materials”). You acknowledge and
agree that Company is not responsible for Third Party Materials, including
their accuracy, completeness, timeliness, validity, copyright or trademark compliance,
legality, decency, quality or any other aspect thereof. Company does not assume
and will not have any liability or responsibility to you or any other person or
entity for any Third-Party Materials. Third Party Materials and links thereto
are provided solely as a convenience to you and you access and use them at
entirely at your own risk and subject to such third parties’ terms and
conditions. Once you choose to link to another site, you should read and
understand that site’s privacy statement before disclosing any personal
information.

9. Your Use of the Site. All of our content available through the
Site, including the content, visual interfaces, interactive features, audio,
video, audio-visual material, information, graphics, design, compilation,
computer code, products, software, services, proprietary information, service marks, trademarks, trade
names, distinctive information such as logos, the selection, sequence, “look
and feel” and arrangement of items, and all other elements of the Site that are
provided by us is owned by or licensed to us or our partners and/or users and
is protected by copyright and/or trademark laws. You do not acquire ownership rights to any
content viewed through the Site. If any of
the content that we make available to you is software capable of being
downloaded, then the software and all files, images and data relating to the
software will be licensed to you by us. The license is a personal, limited,
non-transferable, non-sublicensable, revocable license, and we reserve the
right to alter or revoke the license at any time by providing notice to you. Our posting of content on the Site does not constitute a waiver of any
right in such content. You may not use, store, display, publish, transmit,
distribute, sell, license, copy, publicly perform or display, modify,
reproduce, create derivative works of or in any way exploit any of this content
(other than your own content), in whole or in part, outside of the specific
usage rights granted to you by Company in connection with this Site. All other
copying in any format or other unauthorized use of the Site or its contents may
constitute a breach of copyright, trademark and/or other intellectual property
laws and/or other international laws and may subject you to criminal or civil
charges and penalties. Company reserves
all other rights not expressly granted hereunder. In no event may the Site be used in a manner
that (a) harasses, abuses, threatens, defames or otherwise infringes or
violates the rights of others; (b) is unlawful, fraudulent or deceptive; (c)
uses technology or other means to access Company’s proprietary information that
is not authorized by Company; (d) uses or launches any automated system to
access Company’s website or computer systems; (e) attempts to introduce
viruses, trojans, worms, malware, or any other malicious computer code that
interrupts, destroys or limits the functionality of any computer software,
hardware or telecommunications equipment; (f) attempts to gain unauthorized
access to Company’s computer network or user accounts; (g) encourages conduct
that would constitute a criminal offense, or would give rise to civil
liability; or, (h) violates these Terms. Company reserves the right, in its
sole discretion, to terminate your user account.

10.
Information and Press Releases. The Site
contains information and press releases in connection with its content. While
this information was believed to be accurate as of the date prepared, Company
disclaims any duty or obligation to update this information or any press
releases. Information about companies other than ours contained in the press
release or otherwise, should not be relied upon as being provided or endorsed
by us.

11.
Content Posted on the Site. The Site may
contain social networking components and interactive features (including but
not limited to blogs, chat groups, bulletin boards, news groups, as well as,
the display of content from linked third-party websites, which may allow you to
submit, transmit or post information, including but not limited to audio
recordings, video recordings, writings, and/or images. Company may monitor
content posted on the Site, but Company is under no obligation to do so. You may be exposed to content on the Site
that is inaccurate or deceptive, or that you find offensive or objectionable.

12.
Objectionable Material. You understand that by using and accessing the
Site, you may encounter material that you may deem to be offensive or
objectionable, and that such content may or may not be identified as having
explicit material. Nevertheless, you
agree to the use of the Site at your sole risk and Company shall have no
liability to you for material that may be found to be offensive or
objectionable.

13.
Content You Post.

A. Content
you post via the Site may appear on other user’s devices. You are responsible
for all content that you post through or download from the Site. You may not
post content that:

• Is not your own original creation or that you do
not have permission to use (keep in mind that just because something on the
internet does not have a copyright notice on it doesn’t mean you can use it
without permission);

• Infringes the copyright, trademark, patent
right, or other proprietary right of any person or that is used without the
permission of the owner;

• You know to be inaccurate;

• Is pornographic, sexually explicit, or obscene;

• Exploits children or minors;

• Violates the rights of privacy or publicity of
any person;

• Is harassing, libelous, slanderous, or
defamatory;

• Contains any personally identifying information
about any person without their consent or about any person who is a minor;

• May be deemed generally offensive to the
community, including blatant expressions of bigotry, prejudice, racism, hatred,
profanity or religious or political radicalism;

• Includes advertisements, promotions,
solicitations, spam, or offers to sell any goods or services for any commercial
purpose;

• Is off topic;

• Is intended to provide professional advice,
including but not limited to, the provision of medical treatment, or legal,
financial or investment advice;

• Is intended to solicit, recommend, endorse, or
offer to buy or sell any securities or other financial instruments, tout
stocks, or recommend that any particular security, portfolio of securities,
transaction, or investment strategy is suitable for you or any specific person;

• Contains software viruses or any other computer
code, files, or programs designed to destroy, interrupt, or otherwise limit the
functionality of any computer software, computer hardware, or other equipment;
or,

• Is intended to overwhelm, cause technical
disruptions of or denial of service to Company’s servers.

B.
Company may remove any content that violates
these Terms or that Company determines is otherwise not appropriate in Company’s
sole discretion. Company may or may not exercise editorial control over
content posted on the Site.

C.
By posting or transmitting content on or through
the Site, you

• represent and warrant that you are the creator
and owner of, or have the necessary licenses, rights, consents, and permissions
to use and to authorize Company and other users to use and distribute your
content as necessary to exercise the licenses granted by you in these Terms and
in the manner contemplated by Company and these Terms;

• you certify that you are (a) at least 18 years
old, or (b) at least 13 years old and have obtained your parent’s or legal
guardian’s express consent to submit content;

• agree to and do hereby grant Company and its
affiliates and partners a nonexclusive, perpetual, irrevocable, worldwide,
sublicensable, transferrable, royalty-free right and license to use, store,
display, publish, transmit, transfer, distribute, reproduce, rearrange, edit,
modify, aggregate, create derivative works of and publicly perform the content
that you submit via the Site for any purpose, in any form, medium, or
technology now known or later developed. You also acknowledge that (i) Company
may have already created, or be in the process of creating, content that may be
substantially similar to your ideas at the time you submit those ideas to us,
and (ii) elements of your ideas may not be subject to protection under copyright
laws. You also grant Company a license to use your user name in connection with
Company’s use of any content you provide to Company. You also consent to the
display of advertising within or adjacent to any of your content. Any comments
or materials you send to Company, including feedback data, such as questions,
comments, suggestions and any other response shall be deemed to be
non-confidential.

14.
Limitation of Liability. TO THE FULLEST
EXTENT ALLOWABLE UNDER APPLICABLE LAW, (A) IN NO EVENT SHALL COMPANY BE LIABLE
TO YOU WITH RESPECT TO USE OF THE SITE, CONTENT OR SERVICES, AND (B) IN NO
EVENT SHALL COMPANY BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY
RELATING TO THESE TERMS OR THE USE OF OR INABILITY TO USE THE SITE, INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OR CORRUPTION OF DATA,
BREACH OF PRIVACY OR SECURITY, TRANSMISSION OF PERSONAL DATA OR FAILURE OR
MALFUNCTION OF YOUR DEVICE. YOUR SOLE REMEDY UNDER THESE TERMS IS TO CEASE USE
OF THE SITE. COMPANYDISCLAIMSANY AND ALL LIABILITY OF ANY KIND
FOR ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR PERSONALLY IDENTIFIABLE
INFORMATION. BY ACCESSING THE SITE, YOU
ACKNOWLEDGE AND AGREE TO COMPANY’SDISCLAIMER OF
SUCH LIABILITY. IF YOU DO NOT AGREE, YOU
SHOULD NOT ACCESS OR USE THE SITE.

15.
Warranty Disclaimer. EXCEPT AS EXPRESSLY
SET FORTH IN THESE TERMS, COMPANY DOES NOT MAKE AND COMPANY HEREBY EXPRESSLY
DISCLAIM ALL WARRANTIES AND REPRESENTATIONS WITH RESPECT TO THE SITE, CONTENT,
AND SERVICES PROVIDED HEREUNDER OR OTHERWISE REGARDING THESE TERMS, WHETHER
ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE,
NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUSES OR MALWARE, AND WARRANTIES
ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. COMPANY
IS NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU
RELEASE COMPANY FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF
OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
SOME STATES AND COUNTRIES, INCLUDING MEMBER COUNTRIES OF THE EUROPEAN ECONOMIC
AREA, DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE LIMITATIONS OR EXCLUSIONS ABOVE
MAY NOT APPLY TO YOU. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA
CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH
THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME
OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY
AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

16. Basis of the Bargain. YOU ACKNOWLEDGE AND AGREE THAT COMPANY HAS OFFERED THEIR PRODUCTS AND
SERVICES AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS
AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY
DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A
REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU, ON THE ONE HAND, AND
COMPANY, ON THE OTHER HAND, AND THAT THE WARRANTY DISCLAIMERS AND THE
LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE
BARGAIN BETWEEN YOU, ON THE ONE HAND, AND COMPANY, ON THE OTHER HAND. YOU
ACKNOWLEDGE AND AGREE THAT COMPANY WOULD NOT BE ABLE TO PROVIDE THE SITE TO YOU
ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

17. Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE
ARISING OUT OF OR RELATING TO THESE TERMS OR SITE MUST BE COMMENCED WITHIN ONE
(1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR
CLAIM IS PERMANENTLY BARRED.

18. Indemnification. You agree to defend, indemnify, and hold
harmless Company and its employees, contractors, officers, directors and
successors from any and all claims, suits, damages, costs, lawsuits, fines,
penalties, liabilities, expenses (including attorney’s fees and costs) that
arise from your use or misuse of the Site, violation of these Terms or
violation of any rights (including, but not limited to intellectual property
rights, right of privacy, right of publicity, etc.) of a third party. Company
reserves the right to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you, in which event you will cooperate
at your own expense in asserting any available defenses. The indemnification in
this section extends to any allegations of copyright infringement, violation of
the Digital Millennium Copyright Act or other law based on your importation,
exportation, manipulation, modification, distribution, sale or other use of
text, still images, or audio or video recordings.

19. Contact Information. Should you wish to contact Company with any
questions, complaints or claims with respect to the Site, email Company at privacy@whalerockindustries.com.

20.
Third
Party Agreements And Additional Terms. You agree to comply with all applicable third party terms of agreement
when using the Site. There may be
additional terms and conditions that apply to portions of the Site and to any
purchases on the Site or services, including, without limitation, invitations,
sweepstakes, contests and the like. All such additional terms and
conditions shall be a part of these Terms and are incorporated by reference
herein and you agree to be bound by such additional provisions. In the
event of a conflict between these Terms and any additional terms and conditions
applicable to any portion or offering on the Site, such additional terms and
conditions with respect to that portion or offering shall control.

21. Governing Law. These Terms are governed exclusively
by the laws of the State of California, without giving effect to its conflict
of law rules. These Terms are not governed by the United Nations Convention of
Contracts for the International Sale of Goods, the application of which is
expressly excluded. The parties further agree that the place of contract and
performance of these Terms is Los Angeles, California, USA. You consent to the
exclusive venue and personal and subject matter jurisdiction in the courts of
Los Angeles County, California and the District Court in Los Angeles County,
California.

22. Waiver/Severability. The failure of Company to exercise or
enforce any right or provision of these Terms shall not constitute a waiver of
such right or provision. If any provision of these Terms is for any reason held
unenforceable or invalid, then these Terms shall be construed as if such
provision was not contained in these Terms.

23. Arbitration. Any dispute, claim or controversy arising out of or related to these
Terms or the breach, termination, enforcement, interpretation or validity
thereof, including the determination of the scope or applicability of this
agreement to arbitrate, shall be resolved by binding non-appearance-based
arbitration. Either party shall initiate arbitration before a single arbitrator
through an established alternative dispute resolution (“ADR”) provider mutually
agreed upon by the parties, or, if no agreement is reached within ten (10) days
of a request for agreement, then according to the rules (“Rules”) of the
American Arbitration Association. The ADR provider and the parties must comply
with the following rules: (a) the arbitration shall be conducted by telephone,
online and/or be solely based on written submissions, the specific manner shall
be chosen by the party initiating the arbitration; (b) the arbitration shall
not involve any personal appearance by the parties or witnesses unless
otherwise mutually agreed by the parties; and (c) any judgment on the award
rendered by the arbitrator shall be final and may be entered in any court of
competent jurisdiction. All aspects of the arbitration shall be treated as
confidential, as provided in the Rules. Before making any disclosure permitted
by the Rules, a party shall give written notice to the other party and afford
such party a reasonable opportunity to protect its interests. You agree that
the Federal Arbitration Act governs the interpretation and enforcement of this
provision, and that you and Company are each waiving the right to a trial by
jury and the right to participate in a class or representative action. YOU AND
COMPANY AGREE THAT EACH MAY BRING CLAIMS ONLY IN YOUR OR ITS INDIVIDUAL
CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR
REPRESENTATIVE PROCEEDING. Further, the arbitrator may not consolidate more
than one person’s claims with your or Company’s claims, and may not otherwise
preside over any form of a class or representative proceeding.

24. Entire
Agreement; Modifications. These Terms comprise the entire
agreement between you and Company, and supersede any other agreement or
discussion, oral or written, with respect to the subject matter of these Terms.
There shall be no application of any rule of construction against the drafter
as you have had an opportunity to have these Terms reviewed by your counsel.

25.
Intellectual
Property Rights Policy; DMCA Notification

We respect
the rights of intellectual property holders. If you believe that any content on
the Site violates your intellectual property rights, you can report such
violation to us in accordance with the Digital Millennium Copyright Act (17
U.S.C. §512). In the case of an alleged infringement, please provide the
following information:

A description of the
copyrighted work or other intellectual property that you claim has been
infringed;

A description of where
the material that you claim is infringing is located on the Site (including the
exact URL);

An address, a telephone
number, and an e-mail address where we can contact you;

A statement that you
have a good faith belief that the use is not authorized by the copyright or
other intellectual property rights owner, by its agent, or by law;

A statement by you
under penalty of perjury that the information in your notice is accurate and
that you are the copyright or intellectual property owner or are authorized to
act on the owner's behalf; and

Your electronic or
physical signature, or that of the person authorized to act on behalf of the
owner of the copyright or other right being infringed.

We may
request additional information before we remove allegedly infringing material.
You may report a copyright violation by providing the above information to the
Whalerock designated agent listed below.

We will
terminate the user account of any user who repeatedly submits content that
violates our intellectual property policies. A repeat infringer is a user who
has been notified of infringing activity more than twice and/or has had Content
removed from the Site more than twice.

Privacy Policy

Effective Date: April 17, 2016

This Privacy Policy (“Policy”) describes the privacy practices for
our current and future online and mobile websites, platforms, services,
applications, and any affiliated sites and associated applications with the
www.Khloewithak.com website (the “Site”), which
is owned and operated by WRI Tx (“Company” or
“We”). This Policy applies only to information
we collect on the Site. This Policy does not apply to information that we
collect offline or on any other Company websites or apps, including websites you
may access through this Site or you provide to or is collected by any third
party. Our websites and apps and these third parties may have their own privacy
policies, which we encourage you to read before providing information on or
through them.

Please read this Policy carefully to understand our policies and
practices regarding your information and how we will treat it. If you do not
agree with our policies and practices, do not use the Site. By using the Site,
you agree to this Policy. This Policy may change from time to time. Your continued
use of the Site after we make changes is deemed to be acceptance of those
changes, so please check the Policy periodically for updates.

Children
under the Age of 13

The Site is not intended for children under 13 years of age, and we do
not knowingly collect personal information from children under 13. If we learn
we have collected or received personal information from a child under 13
without verification of parental consent, we will delete that information. If
you believe we might have any information from or about a child under 13,
please contact us at PrivacyKardashianJenner@whalerockindustries.com.

Information
We Collect and How We Collect It

We may collect information from and about users of our Site directly from
you when you provide it to us and/or automatically when you use the Site.

Information You Provide to Us.

When you register with or use this Site, we may ask
you to provide information by which you may be personally identified, such as
name, postal address, e-mail address, telephone number, credit card number,
geolocation, device identification number, or any other identifier by which you
may be contacted online or offline (“personal
information”), or that is about you but individually does not
identify you.

This information includes: (i) Information that you
provide by filling in forms on the Site. This includes information provided at
the time of registering to use the Site, subscribing to our service, posting
material, and requesting further services. We may also ask you for information when
you enter a contest or promotion sponsored by us, and when you report a problem
with the Site; (ii) records and copies of your correspondence (including e-mail
addresses and phone numbers), if you contact us; (iii) Your responses to
surveys that we might ask you to complete for research purposes; (iv) Details
of transactions you carry out through the Site and of the fulfillment of your
orders (note that you may be required to provide financial information before
placing an order through the Site); (v) Your search queries on the Site; and
(vi) Your appearance at events where you use a QR code at the event location to
indicate to us that you attended the event.
You may be able to access features of the Site by using your Facebook or
other social media accounts. Your privacy settings on your Facebook or other
social media accounts, as well as the social media companies’ respective
privacy policies, will determine the personal and other information that may be
shared with us when you access the Site.

You may provide information to be published or
displayed (“Posts” or “Posted”) on
public areas of the Site (collectively, “User
Contributions”). Your User Contributions and Posts may be
transmitted to others at your own risk. We cannot control the actions of third
parties with whom you may choose to share your User Contributions. Therefore,
we cannot guarantee that your User Contributions will not be viewed by
unauthorized persons.Any such content you post may be
viewable by the general public and is governed by our Terms of Use.

Automatic Information Collection And Tracking.

When you access and use the Site, it may use
technology to automatically collect certain information, including but not
limited to:

• Usage
Details. When you access and use the Site, we may automatically collect the
domain name and host from which you access the Internet and the Internet
address of the website from which you direct-linked to the Site, the date and
time you access the Site and pages you visit, traffic data, location data, logs
and other communication data and the resources that you access and use on or
through the Site.

• Device
Information. We may collect information about your computer’s or device’s IP
address and information about its operating system, platform, location, and the
web browser type and version you use.

• Location and
Other Information. We may collect real-time information about the location
of your device as well as demographic, usage patterns and other non-personally
identifiable profile information about you.

We also may use technologies to collect information
about your usage of the Site over time. We do not respond to web browser “do
not track” signals.

Information Collection And Tracking Technologies. The technologies
we use for automatic information collection may include:

• Cookies.
Most web browsers are set up to accept cookies. A cookie is a small file placed
on your computer’s hard drive through your web browser to enable our systems to
recognize your browser. While you may block or disable cookies, if you do, the
Site may not function and appear as designed.

• Web
Beacons. Pages of the Site or our emails may contain small electronic files
known as web beacons (also referred to as clear gifs, pixel tags and
single-pixel gifs) that permit the Company, for example, to count users who
have visited those pages or opened an e-mail and for other related statistics
(for example, recording the popularity of certain content and verifying system
and server integrity).

Third-party Information Collection

When you use the Site or its content, certain third parties may use
automatic information collection technologies to collect information about you
or your device. These third parties may include: advertisers, ad networks and
ad servers, analytics companies, your device manufacturer, etc.

These third parties may use tracking technologies to collect information
about you when you use this Site. The information they collect may be
associated with your personal information or they may collect information,
including personal information, about your online activities over time and
across different websites, apps and other online services or websites. They may
use this information to provide you with interest-based (behavioral)
advertising or other targeted content.

We do not control these third parties’ tracking technologies or how they
may be used. If you would like more information about this practice and to know
your choices about not having this information used by these third-parties,
please go to http://www.networkadvertising.org/choices.

How
We Use Your Information

We use information that we collect about you or that you provide to us,
including any personal information, to:

• Provide you with the Site and its contents, and
any other information, products or services that you request from us.

• Fulfill any other purpose for which you provide
it.

• Give you notices about your account or
subscription, including any expiration and renewal notices.

• Carry out our obligations and enforce our rights
arising from any contracts entered into between you and us, including for
billing and collection.

• Notify you when Site updates are available, and
of changes to any products or services we offer or provide though it.

The usage information we collect helps us to improve our Site and to
deliver a better and more personalized experience by enabling us to:

• Estimate our audience size and usage patterns.

• Store information about your preferences,
allowing us to customize our Site according to your individual interests.

• Speed up your searches.

• Recognize you when you use the Site.

We may also use your information to contact you about our own and third
parties’ goods and services that may be of interest to you. We may use the
information we collect to display advertisements to our advertisers’ target
audiences. If you click on or otherwise interact with an advertisement, the
advertiser may assume that you meet its target criteria.

Disclosure
of Your Information

We may disclose aggregated and de-identified information about our users without
restriction. In addition, we may disclose personal information that we collect
or you provide:

• To our subsidiaries and affiliates.

• To contractors, service providers, content
providers, and other third parties we use to support our business.

• To a buyer or other successor in the event of a
merger, divestiture, restructuring, reorganization, dissolution or other sale
or transfer of some or all of our assets, whether as a going concern or as part
of bankruptcy, liquidation or similar proceeding, in which personal information
held by us about our App users is among the assets transferred.

• To third parties to personalize services and products
offered to you.

• To fulfill the purpose for which you provide it.

• For any other purpose disclosed by us when you
provide the information.

• With your consent.

• To comply with any court order, law or legal
process, including to respond to any government or regulatory request.

• To enforce our rights arising from any contracts
entered into between you and us, including the Terms of Use, this Policy, and
for billing and collection.

• To protect safety and integrity of the Site, its
users, the public or other parties as is deemed appropriate, in its sole
discretion.

• To protect and defend our rights or property,
you, or other third parties from fraud, abuse, or violation of the Terms and of
Use or illegal acts.

• If we believe disclosure is necessary or
appropriate to protect our rights, property, or safety or that of our customers,
users, contractors or others. This includes exchanging information with other
companies and organizations for the purposes of fraud protection and credit
risk reduction.

Accessing,
Correcting and Deleting Your Information

You can request and obtain removal of your Posts and User Contributions
by emailing KhloeSupport@kardashianjennerdigital.com with your request and specifying the particular Post
or User Contribution you seek to remove. We may not accommodate a request to
change or delete any information if we believe such action would violate any
law or legal requirement or cause the information to be incorrect. Removal of
your Posts or User Contributions from the Site does not ensure complete or
comprehensive removal of such Posts or User Contributions from the Site as copies
may remain viewable in cached and archived pages, or might have been copied or
stored by other Site users. You can unsubscribe from any newsletters or various
promotional emails at any time by clicking on the “unsubscribe” links provided
in such communications. You may not opt out of Site-related communications,
such as account verification, purchase confirmations and administrative
messages, so long as you are registered with the Site.

Transfer of
Information

As we develop our business, we might buy or sell businesses or their
assets, or engage in transfers, acquisitions, mergers, restructurings, changes
of control, or other transactions. In such transactions, customer information
generally is one of the transferred business assets and your information may be
subject to such a transfer. You agree to and do hereby consent to any such
transfer. Also, in the unlikely event of a bankruptcy, your information may be
transferred to a bankruptcy trustee or debtor in possession and then to a
subsequent purchaser.

Social Media Plug-ins

We may integrate social media application program interfaces or plug-ins
(“Plug-ins”) from social networks, including Facebook, Twitter, Instagram,
Tumblr, Pinterest and others, into our Site. Plug-ins may transfer information
about you to the Plug-in’s respective platform without action by you. This
information may include your platform user identification number, which website
you are on, and more. Interacting with a Plug-in will transmit information
directly to that Plug-in’s social network and that information may be visible
by others on that platform. Plug-ins are controlled by the respective platform’s
privacy policy, and not by our Policy.

Processing Your Information

The Site is
hosted in the United States. Your use of the Site from the European Union or any
other place in the world means you agree to transfer, store and process your personal
information to and in the United States, which laws may not provide the same
level of protection of those in the country from which you access the
site. We may limit the availability of
the Site or any service or product described on the Site to any person or
geographic area at any time. If you choose to access the Site from outside the
United States, you do so at your own risk.

Your
California Privacy Rights

California Civil Code Section 1798.83 permits users of our Site that are
California residents to request certain information regarding our disclosure of
personal information to third parties for their direct marketing purposes. Alternatively,
businesses may have in place a policy not to disclose personal information of
customers to third parties for the third parties’ direct marketing purposes if
the customer has exercised an option to opt-out of such information-sharing. If
you wish
to opt-out of our sharing of your personal information with third parties
for the third parties’ direct marketing purposes or to find out more about your
opt-out rights,
please contact us at PrivacyKardashianJenner@whalerockindustries.com.

Data Security

We have put in place physical, electronic, and managerial procedures
designed to help prevent unauthorized access, to maintain data security, and to
use correctly the personal information we collect online. These safeguards vary based on the
sensitivity of the personal information that we collect and store. But the
safety and security of your information also depends on you. Where we have
given you (or where you have chosen) a password for access to certain parts of
our Site, you are responsible for keeping this password confidential. You
should not share your password with anyone. Unfortunately, the transmission of
information via the Internet and mobile platforms is not completely secure.
Although we take reasonable precautions to protect your personal information,
we cannot guarantee the security of your personal information. Any transmission
of personal information is at your own risk. We are not responsible for
circumvention of any privacy settings or security measures we provide.

Limitation of Liability

TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW,
(A) IN NO EVENT SHALL COMPANY BE LIABLE TO YOU WITH RESPECT TO USE OF THE SITE,
CONTENT OR SERVICES AND (B) IN NO EVENT SHALL COMPANY BE LIABLE TO YOU FOR ANY
INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES
ARISING OUT OF OR IN ANY WAY RELATING TO THESE TERMS OR THE USE OF OR INABILITY
TO USE THE SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS
OR CORRUPTION OF DATA, BREACH OF PRIVACY OR SECURITY, TRANSMISSION OF PERSONAL
DATA OR FAILURE OR MALFUNCTION OF YOUR DEVICE. YOUR SOLE REMEDY UNDER THESE
TERMS IS TO CEASE USE OF THE SITE.
COMPANY DISCLAIMS ANY AND ALL LIABILITY OF ANY KIND FOR ANY UNAUTHORIZED
ACCESS TO OR USE OF YOUR PERSONALLY IDENTIFIABLE INFORMATION. BY ACCESSING THE SITE, YOU ACKNOWLEDGE AND
AGREE TO COMPANY’S DISCLAIMER OF SUCH LIABILITY. IF YOU DO NOT AGREE, YOU SHOULD NOT ACCESS OR
USE THE SITE. ANY CAUSE OF ACTION OR
CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR SITE MUST BE
COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE,
SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Changes
to Our Policy

We may update our Policy from time to time. Non-material changes will
take effect immediately. If we make material changes, we will notify you by
email (at the email address you have provided to us) or through notice on the
home page of the Site, and will also indicate as much at the top of this page.
Material changes will take effect 30 days after such notice. We encourage you
to review this Policy at least every 30 days to check for material changes.

Contact Information

Privacy Concerns. If
you have any concern or complaint about privacy on the Site, please contact us
at WRI Tx, Attn: Legal Affairs, Pacific Design Center, Red Building, 750 North
San Vicente Blvd, 900W, West Hollywood, CA 90069 U.S.A. or email us at PrivacyKardashianJenner@whalerockindustries.com.
We will do our best to respond to you in a timely and professional manner in
order to answer your questions and resolve your concerns.

This End-User License Agreement (the “EULA” or “Agreement”)
governs your (“you” or “your”) use of the Khloe Kardashian™ mobile app software
(the “Software”) provided by WRI Tx (the “Company”) designed to
operate on your iPhone, iPad or iPod Touch device. This EULA governs only that
Software which may operate on these devices or other computing device manufactured
or marketed by Apple, Inc.

BY CLICKING THE “AGREE” BUTTON, OR DOWNLOADING AND INSTALLING, OR
USING THE SOFTWARE, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND YOU UNDERSTAND
THIS AGREEMENT; (B) REPRESENT THAT YOU ARE 13 YEARS OF AGE OR OLDER, OR OF
LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND
AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS,
DO NOT DOWNLOAD, INSTALL, OR USE THE APPLICATION; YOU SHOULD DELETE IT FROM
YOUR MOBILE DEVICE.

Your use of the Software constitutes your acceptance of the terms
of this Agreement, which may be amended from time to time by Company. The most
recent version of this Agreement will be available at www.Khloewithak.com (the “Website”)
and the most recent version shall supersede any and all other versions of this
Agreement. Company reserves the right to change or modify this Agreement or any
other Company policies related to use of the Software at any time and at its
sole discretion by posting revisions on the Internet at the Website, which
shall constitute notice of such revisions. Your continued use of the Software
following the posting of these changes or modifications will constitute
acceptance of such changes or modifications.

1.
Acknowledgement. Company and you, the
end-user of the Software, acknowledge that the Agreement is entered into by and
between Company and you, and is not with Apple, Inc. Notwithstanding the
foregoing, you acknowledge that Apple, Inc. and its subsidiaries are
third-party beneficiaries of this Agreement and that Apple, Inc. has the right
(and is deemed to have accepted the right) to enforce this Agreement. Company
is solely responsible for the Software and any content contained therein. You
acknowledge that Apple, Inc. has no obligation whatsoever to furnish any
maintenance and support services with respect to the Software. You acknowledge
that you have reviewed the App Store Terms and Conditions (located online at http://www.apple.com/legal/itunes/us/terms.html#APPS).
You represent and warrant that (i) you are not located in a country that is
subject to a U.S. Government embargo, or that has been designated by the U.S.
Government as a “terrorist supporting” country, and (ii) you are not listed on
any U.S. Government “watch list” of prohibited or restricted parties, including
the Specially Designated Nationals list published by the Office of Foreign
Assets Control of the U.S. Treasury or the Denied Persons List published by the
U.S. Department of Commerce.

2.
Incorporation of Apple. Inc. Licensed
Software End User License Agreement. This Agreement incorporates by
reference the Licensed Software End User License Agreement (the “LAEULA”)
published by Apple, Inc. (located online at https://www.apple.com/legal/internet-services/itunes/dev/stdeula/). For purposes of this Agreement, the
“Software” is considered the “Licensed Software” as defined in the LAEULA and
“Company” is considered the “Software Provider” as defined in the LAEULA. If
any terms of this Agreement conflict with the terms of the LAEULA, the terms of
this Agreement shall control.

3.
License. Subject to the terms of this
Agreement, Company grants you a limited, non-exclusive and nontransferable
license to: (A) download, install and use the Software for your personal,
non-commercial use on a single mobile device owned or otherwise controlled by
you (“Mobile Device”), and (B) access, stream, download and use on such
Mobile Device the Content and Services (as defined in Section 4) made available
in or otherwise accessible through the Software, strictly in accordance with
this Agreement and the Terms of Use applicable to such Content and Services as
set forth in Section 4.

4.
Content and Services. The Software may
provide you with access to products and services, and certain features,
functionality and content accessible on or through the Software (collectively, “Content
and Services”). Your access to and use of such Content and Services are
governed by Company’s Privacy Policy located at the end of this Agreement,
which is incorporated herein.

5.
Geographic Restrictions. You acknowledge
that you may not be able to access all or some of the Content and Services
outside of the United States and that access thereto may not be legal by
certain persons or in certain countries. If you access the Content and Services
from outside the United States, you are responsible for compliance with local
laws. You represent and warrant that (i) you are not located in a country that
is subject to a U.S. Government embargo, or that has been designated by the
U.S. Government as a “terrorist supporting” country, and (ii) you are not
listed on any U.S. Government “watch list” of prohibited or restricted parties,
including the Specially Designated Nationals list published by the Office of
Foreign Assets Control of the U.S. Treasury or the Denied Persons List
published by the U.S. Department of Commerce.

6.
Allowable Uses of the Software. Any use
of the Software in any manner not allowed under this Agreement, including,
without limitation, resale, transfer, modification, reverse engineering, decompiling,
disassembling, or distribution of the Software is prohibited. Furthermore, you
may not create any derivative works from or sublicense any rights in the
Software. This Agreement does not
entitle you to receive and does not obligate Company to provide hard-copy
documentation, support, telephone assistance, or enhancements or updates to the
Software.

7.
Subscription,
Free Trial, Billing and Cancellation

A.
SubscriptionApp

B.
In-app Purchases. We may
include certain content that can be viewed without a subscription, but require
a separate one-time payment for unlimited viewing of such content. All transactions are final. Pricing and availability of such content are
subject to change without notice. We
reserve the right at any time to remove this content without issuing a
refund.

C.
Free Trial

D.
Recurring Billing

E.
Billing Cycle

F.
Price Changes

G.
No Refunds

H.
Cancellation

8.
Collection and Use of your Information. You acknowledge that when you download, install or use the Software, Company
may use automatic means (including, but not limited to, cookies and web
beacons) to collect information about your Mobile Device and about your use of
the Software. You also may be required to provide certain information about
yourself as a condition to downloading, installing or using the Software or
certain of its features or functionality, and the Software may provide you with
opportunities to share information about yourself with others. By downloading,
installing, using and providing information to or through this Software, you
consent to all actions taken by Company with respect to your information in
compliance with the Privacy Policy.

9.
Updates.

A.
Company may from time to time in its sole
discretion develop and provide Software updates, which may include upgrades,
bug fixes, patches and other error corrections and/or new features
(collectively, including related documentation, “Updates”). Updates may
also modify or delete in their entirety certain features and functionality. You
agree that Company has no obligation to provide any Updates or to continue to
provide or enable any particular features or functionality. Based on your
Mobile Device settings, when your Mobile Device is connected to the internet
either: (i) the Software will automatically download and install all available
Updates; or (ii) you may receive notice of or be prompted to download and
install available Updates.

B.
You shall promptly download and install all
Updates and acknowledge and agree that the Software or portions thereof may not
properly operate should you fail to do so. You further agree that all Updates
will be deemed part of the Software and be subject to all terms and conditions
of this Agreement.

10.
Third Party Materials. The Software may
display, include or make available third-party content (including data,
information, applications and other products services and/or materials) or
provide links to third-party websites or services, including through
third-party advertising (“Third Party Materials”). You acknowledge and
agree that Company is not responsible for Third Party Materials, including
their accuracy, completeness, timeliness, validity, copyright or trademark compliance,
legality, decency, quality or any other aspect thereof. Company does not assume
and will not have any liability or responsibility to you or any other person or
entity for any Third Party Materials. Third Party Materials and links thereto
are provided solely as a convenience to you and you access and use them at entirely
at your own risk and subject to such third parties’ terms and conditions. Once
you choose to link to another site, you should read and understand that site’s
privacy statement before disclosing any personal information.

11.
Your
Acceptable Use. Use of the
Software and any of your information or content collected, transmitted or
stored in connection with the Software is limited to the functionality of the
Software. In no event may the Software be used in a manner that (a) harasses,
abuses, threatens, defames or otherwise infringes or violates the rights of
others; (b) is unlawful, fraudulent or deceptive; (c) uses technology or other
means to access Company’s proprietary information that is not authorized by
Company; (d) uses or launches any automated system to access Company’s website
or computer systems; (e) attempts to introduce viruses, trojans, worms,
malware, or any other malicious computer code that interrupts, destroys or
limits the functionality of any computer software, hardware or telecommunications
equipment; (f) attempts to gain unauthorized access to Company’s computer
network or user accounts; (g) encourages conduct that would constitute a
criminal offense, or would give rise to civil liability; or, (h) violates this
Agreement. Company reserves the right, in its sole discretion, to terminate
this Agreement, request that you remove the Software from your Mobile Device
for any reason, including, but not limited to, Company’s reasonable conclusion
that you have violated this Agreement.

12.
Content
Posted on the Software. The Software may contain social networking components and interactive features
(including but not limited to blogs, chat groups, bulletin boards, news groups,
as well as, the display of content from linked third-party websites, which may
allow you to submit, transmit or post information, including but not limited to
audio recordings, video recordings, writings, and/or images. Company may
monitor content posted on the Software, but Company is under no obligation to
do so. You may be exposed to content on
the Software that is inaccurate or deceptive, or that you find offensive or
objectionable.

13. Objectionable Material. You understand that by using and
accessing the Software, you may encounter material that you may deem to be
offensive or objectionable, and that such content may or may not be identified
as having explicit material.
Nevertheless, you agree to the use of the Software at your sole risk and
Company shall have no liability to you for material that may be found to be
offensive or objectionable.

14.
Content You Post.

A.
Content you post via the Software may appear on
other user’s devices. You are responsible for all content that you post through
or download from the Software. You may not post content that:

• Is not your own original creation or that you do
not have permission to use (keep in mind that just because something on the
internet does not have a copyright notice on it doesn’t mean you can use it
without permission);

• Infringes the copyright, trademark, patent
right, or other proprietary right of any person or that is used without the
permission of the owner;

• You know to be inaccurate;

• Is pornographic, sexually explicit, or obscene;

• Exploits children or minors;

• Violates the rights of privacy or publicity of
any person;

• Is harassing, libelous, slanderous, or
defamatory;

• Contains any personally identifying information
about any person without their consent or about any person who is a minor;

• May be deemed generally offensive to the
community, including blatant expressions of bigotry, prejudice, racism, hatred,
profanity or religious or political radicalism;

• Includes advertisements, promotions,
solicitations, spam, or offers to sell any goods or services for any commercial
purpose;

• Is off topic;

• Is intended to provide professional advice,
including but not limited to, the provision of medical treatment, or legal,
financial or investment advice;

• Is intended to solicit, recommend, endorse, or
offer to buy or sell any securities or other financial instruments, tout
stocks, or recommend that any particular security, portfolio of securities,
transaction, or investment strategy is suitable for you or any specific person;

• Contains software viruses or any other computer
code, files, or programs designed to destroy, interrupt, or otherwise limit the
functionality of any computer software, computer hardware, or other equipment;
or,

• Is intended to overwhelm, cause technical
disruptions of or denial of service to Company’s servers.

B.
Company may remove any content that violates
these Terms or that Company determines is otherwise not appropriate in Company’s
sole discretion.

C.
By posting or transmitting content on or through
the Software, you

• represent and warrant that you are the creator
and owner of, or have the necessary licenses, rights, consents, and permissions
to use and to authorize Company and other users to use and distribute your content
as necessary to exercise the licenses granted by you in this Agreement and in
the manner contemplated by Company and this Agreement,

• you certify that you are (a) at least 18 years
old, or (b) at least 13 years old and have obtained your parent’s or legal
guardian’s express consent to submit content;

• agree to and do hereby grant Company and its
affiliates and partners a nonexclusive, perpetual, irrevocable, worldwide,
sublicensable, transferrable, royalty-free right and license to use, store,
display, publish, transmit, transfer, distribute, reproduce, rearrange, edit,
modify, aggregate, create derivative works of and publicly perform the content
that you submit via the Software for any purpose, in any form, medium, or
technology now known or later developed. You also acknowledge that (i) Company
may have already created, or be in the process of creating, content that may be
substantially similar to your ideas at the time you submit those ideas to us,
and (ii) elements of your ideas may not be subject to protection under
copyright laws. You also grant Company a license to use your user name in
connection with Company’s use of any content you provide to Company. You also
consent to the display of advertising within or adjacent to any of your
content. Any comments or materials you send to Company, including feedback
data, such as questions, comments, suggestions and any other response shall be
deemed to be non-confidential.

15.
Reservation of Rights. You acknowledge
and agree that the Software is provided under license, and not sold, to you.
You do not acquire any ownership interest in the Software under this Agreement,
or any other rights thereto other than to use the Software in accordance with
the license granted, and subject to all terms, conditions and restrictions,
under this Agreement. Company and its licensors and service providers reserve
and shall retain their entire right, title and interest in and to the Software,
including all copyrights, trademarks, other intellectual property rights and
all other rights therein or relating thereto, except as expressly granted to
you in this Agreement.

16.
Limitation of Liability. TO THE FULLEST
EXTENT ALLOWABLE UNDER APPLICABLE LAW, (A) IN NO EVENT SHALL COMPANY BE LIABLE
TO YOU WITH RESPECT TO (1) USE OF THE SOFTWARE, CONTENT OR SERVICES OR (2) DIRECT
DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE GREATER OF THE AMOUNT
ACTUALLY PAID BY YOU FOR THE SOFTWARE OR US$100.00, AND (B) IN NO EVENT SHALL
COMPANY BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL,
PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THIS
AGREEMENT OR THE USE OF OR INABILITY TO USE THE SOFTWARE OR ANY WEBSITE THAT
THE SOFTWARE MAY DIRECT YOU TO, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST
PROFITS, LOSS OR CORRUPTION OF DATA, BREACH OF PRIVACY OR SECURITY,
TRANSMISSION OF PERSONAL DATA OR FAILURE OR MALFUNCTION OF YOUR MOBILE DEVICE.
YOUR SOLE REMEDY UNDER THIS AGREEMENT IS TO CEASE USE OF THE SOFTWARE.

17.
Warranty Disclaimer. EXCEPT AS EXPRESSLY
SET FORTH IN THIS AGREEMENT, COMPANY DOES NOT MAKE AND COMPANY HEREBY EXPRESSLY
DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS WITH RESPECT TO THE SOFTWARE,
DOCUMENTATION, UPGRADES, OR UPDATES (AND ANY COPIES OF THE SAME), SUPPORT, AND
SERVICES PROVIDED HEREUNDER OR OTHERWISE REGARDING THIS AGREEMENT, WHETHER ORAL
OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY,
TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUSES OR MALWARE, AND
WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF
TRADE. COMPANY IS NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD
PARTIES, AND YOU RELEASE COMPANY FROM ANY CLAIMS AND DAMAGES, KNOWN AND
UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST
ANY SUCH THIRD PARTIES. SOME STATES AND COUNTRIES, INCLUDING MEMBER COUNTRIES
OF THE EUROPEAN ECONOMIC AREA, DO NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE
LIMITATIONS OR EXCLUSIONS ABOVE MAY NOT APPLY TO YOU. IF YOU ARE A CALIFORNIA
RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE
DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST
IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM
OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

18.
Basis
of the Bargain. YOU
ACKNOWLEDGE AND AGREE THAT COMPANY HAS OFFERED THEIR PRODUCTS AND SERVICES AND
ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE
LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND
THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR
ALLOCATION OF RISK BETWEEN YOU, ON THE ONE HAND, AND COMPANY, ON THE OTHER
HAND, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET
FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU, ON THE ONE
HAND, AND COMPANY, ON THE OTHER HAND. YOU ACKNOWLEDGE AND AGREE THAT COMPANY
WOULD NOT BE ABLE TO PROVIDE THE SITE TO YOU ON AN ECONOMICALLY REASONABLE
BASIS WITHOUT THESE LIMITATIONS.

19. Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE
ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SOFTWARE MUST BE COMMENCED
WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF
ACTION OR CLAIM IS PERMANENTLY BARRED.

20. Indemnification. You agree to defend, indemnify, and hold
harmless Company and its employees, contractors, officers, directors and
successors from any and all claims, suits, damages, costs, lawsuits, fines,
penalties, liabilities, expenses (including attorney’s fees and costs) that
arise from your use or misuse of the Software, violation of this Agreement or
violation of any rights (including, but not limited to intellectual property
rights, right of privacy, right of publicity, etc.) of a third party. Company
reserves the right to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you, in which event you will cooperate
at your own expense in asserting any available defenses. The indemnification in
this section extends to any allegations of copyright infringement, violation of
the Digital Millennium Copyright Act or other law based on your importation,
exportation, manipulation, modification, distribution, sale or other use of
text, still images, or audio or video recordings.

21. Intellectual Property Rights. You and Company acknowledge that, in the
event of any third party claim that the Software or your use of the Software
infringes any third party’s intellectual property rights, Company, not Apple,
will be solely responsible for the investigation, defense, settlement and
discharge of any such intellectual property infringement claim. Should the
Software be found to infringe any intellectual property rights of a third
party, your sole remedy shall be either to cease using the Software or to use a
non-­infringing version of the Software should Company choose to provide you
with such a non-infringing
version.

22. Product Claims. You acknowledge that Company, not Apple,
Inc., is responsible for addressing any claims of the end-user or any third
party relating to the Software or your possession and/or use of the Software,
including, but not limited to: (i) product liability claims; (ii) any claim
that the Software fails to conform to any applicable legal or regulatory
requirement; and, (iii) claims arising under consumer protection or similar
legislation.

24. Proprietary Nature of Software and Trademarks. Company owns or is licensed to use the
Software and any and all trademarks, service marks and content included in the
Software. The Software may incorporate trademarks, service marks or other
content in connection with the services it provides and such trademarks,
service marks or other content remains at all times the property of its
respective owners. You have no right or license with respect to any trademarks,
service marks and other content owned by Company or any third party that is
visible on or provided to you through the Software.

25. Third Party Terms of Agreement. You agree to comply with all applicable
third party terms of agreement when using the Software.

26. Governing Law. In order to assure consistency in
the interpretation of this agreement, this Agreement is governed exclusively by
the laws of the State of California, without giving effect to its conflict of
law rules. This Agreement is not governed by the United Nations Convention of
Contracts for the International Sale of Goods, the application of which is
expressly excluded. The parties further agree that the place of contract and
performance of this Agreement is Los Angeles, California, USA. You consent to
the exclusive venue and personal and subject matter jurisdiction in the courts
of Los Angeles County, California and the District Court in Los Angeles County,
California.

27. Waiver/Severability.The failure of Company to exercise or
enforce any right or provision of this Agreement shall not constitute a waiver
of such right or provision. If any provision of this Agreement is for any
reason held unenforceable or invalid, then this Agreement shall be construed as
if such provision were not contained in this Agreement.

28. Assignment. Except to the extent such rights cannot be restricted by applicable law, you
shall not assign, sublicense, convey or transfer (collectively, “Assign”) this
Agreement (whether by contract, merger or operation of law) without the prior
written consent of Company, and any such attempt by you to Assign any rights,
duties, or obligations hereunder shall have no power or effect, and is subject
to Company’s right to immediately terminate this Agreement.

29. Arbitration. Any dispute, claim or controversy arising out of or related to this
Agreement or the breach, termination, enforcement, interpretation or validity
thereof, including the determination of the scope or applicability of this
agreement to arbitrate, shall be determined by binding non-appearance-based
arbitration. In the event a party elects arbitration, they shall initiate such
arbitration before a single arbitrator through an established alternative
dispute resolution (“ADR”) provider mutually agreed upon by the parties, or, if
no agreement is reached within ten (10) days of a request for agreement, then according
to the rules (“Rules”) of the American Arbitration Association. The ADR
provider and the parties must comply with the following rules: (a) the
arbitration shall be conducted by telephone, online and/or be solely based on
written submissions, the specific manner shall be chosen by the party
initiating the arbitration; (b) the arbitration shall not involve any personal
appearance by the parties or witnesses unless otherwise mutually agreed by the
parties; and (c) any judgment on the award rendered by the arbitrator shall be
final and may be entered in any court of competent jurisdiction. All aspects of
the arbitration shall be treated as confidential, as provided in the Rules.
Before making any disclosure permitted by the Rules, a party shall give written
notice to the other party and afford such party a reasonable opportunity to
protect its interests. You agree that the Federal Arbitration Act governs the
interpretation and enforcement of this provision, and that you and Company are
each waiving the right to a trial by jury and the right to participate in a
class or representative action. YOU AND COMPANY AGREE THAT EACH MAY BRING
CLAIMS ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS
MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, the
arbitrator may not consolidate more than one person’s claims with your or
Company’s claims, and may not otherwise preside over any form of a class or
representative proceeding.

30. Entire
Agreement; Modifications. This Agreement comprises the entire
agreement between you and Company, and supersedes any other agreement or
discussion, oral or written, with respect to the subject matter of this
Agreement, and may not be changed except by a written agreement signed in
hardcopy form by both parties. There shall be no application of any rule of
construction of this Agreement against the drafter as you have had an
opportunity to have this Agreement reviewed by your counsel.

31. Intellectual Property Rights Policy; DMCA
Notification

We respect the rights of intellectual property holders. If you believe
that any content on the Software violates your intellectual property rights,
you can report such violation to us in accordance with the Digital Millennium
Copyright Act (17 U.S.C. §512). In the case of an alleged infringement, please
provide the following information:

A description
of the copyrighted work or other intellectual property that you claim has been
infringed;

A description
of where the material that you claim is infringing is located on the Software
(including the exact URL);

An address, a telephone number, and an e-mail address where we can
contact you;

A statement
that you have a good faith belief that the use is not authorized by the
copyright or other intellectual property rights owner, by its agent, or by law;

A statement by
you under penalty of perjury that the information in your notice is accurate
and that you are the copyright or intellectual property owner or are authorized
to act on the owner's behalf; and

Your
electronic or physical signature, or that of the person authorized to act on
behalf of the owner of the copyright or other right being infringed.

We may request additional information before we remove allegedly
infringing material. You may report a copyright violation by providing the
above information to the Whalerock designated agent listed below.

We will terminate the user account of any user who repeatedly submits
content that violates our intellectual property policies. A repeat infringer is
a user who has been notified of infringing activity more than twice and/or has
had Content removed from the Software more than twice.

KHLOE KARDASHIAN™

MOBILE APP
PRIVACY POLICY

Effective Date: April 17, 2017

Introduction

This Privacy Policy (“Policy”) describes the
privacy practices for the Khloe Kardashian™ Mobile App (the “App”), which is owned and operated
by WRI Tx (“Company”
or “We”).
This Policy applies only to information we may collect or that you may provide
when you purchase, download, install, register with, access or use the App, in e-mail,
text and other electronic communications set through or in connection with this
App and any other sources. This policy does not apply to information that we
collect offline or on any other Company apps or websites, including websites
you may access through this App or you provide to or is collected by any third
party. Our websites and apps and these third parties may have their own privacy
policies, which we encourage you to read before providing information on or
through them.

Please read this Policy carefully to understand our
policies and practices regarding your information and how we will treat it. If
you do not agree with our policies and practices, do not download, register
with or use this App. By downloading, registering with or using this App, you
agree to this Policy. This Policy may change from time to time. Your continued
use of this App after we make changes is deemed to be acceptance of those
changes, so please check the Policy periodically for updates.

Children
under the Age of 13

The App is not intended for children under 13 years of age, and we do not
knowingly collect personal information from children under 13. If we learn we
have collected or received personal information from a child under 13 without
verification of parental consent, we will delete that information. If you
believe we might have any information from or about a child under 13, please contact
us at PrivacyKardashianJenner@whalerockindustries.com.

Information
We Collect and How We Collect It

We may collect information from and about users of the App directly from
you when you provide it to us and/or automatically when you use the App.

Information You Provide to Us.

When you download, register with or use this App, we
may ask you provide information by which you may be personally identified, such
as name, postal address, e-mail address, telephone number, credit card number, geolocation,
mobile device identification number, or any other identifier by which you may
be contacted online or offline (“personal information”), or that is about you but
individually does not identify you.

This information includes: (i) Information that you
provide by filling in forms on the App. This includes information provided at
the time of registering to use the App, subscribing to our service, posting
material, and requesting further services. We may also ask you for information when
you enter a contest or promotion sponsored by us, and when you report a problem
with the App; (ii) records and copies of your correspondence (including e-mail
addresses and phone numbers), if you contact us; (iii) Your responses to
surveys that we might ask you to complete for research purposes; (iv) Details
of transactions you carry out through the App and of the fulfillment of your
orders (note that you may be required to provide financial information before
placing an order through the App); (v) Your search queries on the App; and (vi)
Your appearance at events where you use a QR code at the event location to
indicate to us that you attended the event.
You may be able to access features of the App by using your Facebook or
other social media accounts. Your privacy settings on your Facebook or other
social media accounts, as well as the social media companies’ respective
privacy policies, will determine the personal and other information that may be
shared with us when you access the App.

You may be able to provide information to be
published or displayed (“Posts” or “Posted”)
on public areas of websites you access through the App (collectively, “User Contributions”). Your User Contributions and
Posts may be transmitted to others at your own risk. We cannot control the
actions of third parties with whom you may choose to share your User
Contributions. Therefore, we cannot guarantee that your User Contributions will
not be viewed by unauthorized persons.

Automatic Information Collection And Tracking.

When you download, access and use the App, it may use
technology to automatically collect certain information, including but not
limited to:

• Usage
Details.
When
you access and use the App, we may automatically collect certain details of
your access to and use of the App, including traffic data, location data, logs
and other communication data and the resources that you access and use on or
through the App.

• Stored
Information and Files. The App also may access metadata, tags and other
information associated with other files stored on your device. This may
include, for example, photographs, audio and video clips, personal contacts and
address book information.

• Location
Information. This App may collect real-time information about the location of your
device, as well as demographic, usage patterns and other non-personally
identifiable profile information about you.

We also may use technologies to collect information about
your usage of the App over time. We do not respond to web browser “do not
track” signals.

Information Collection And Tracking Technologies. The technologies
we use for automatic information collection may include:

• Cookies. A cookie is a small
file placed on your mobile device. It may be possible to refuse to accept
mobile cookies by activating the appropriate setting on your mobile device.
However, if you select this setting you may be unable to access certain parts
of our App.

• Web
Beacons.
Pages of the App or our emails may contain small electronic files known as web
beacons (also referred to as clear gifs, pixel tags and single-pixel gifs) that
permit the Company, for example, to count users who have visited those pages or
opened an e-mail and for other related app statistics (for example, recording
the popularity of certain app content and verifying system and server
integrity).

Third-party Information Collection

When you use the App or its content, certain third
parties may use automatic information collection technologies to collect
information about you or your device. These third parties may include:
advertisers, ad networks and ad servers, analytics companies, your mobile
device manufacturer, your mobile service provider, etc.

These third parties may use tracking technologies to
collect information about you when you use this App. The information they
collect may be associated with your personal information or they may collect
information, including personal information, about your online activities over
time and across different websites, apps and other online services or websites.
They may use this information to provide you with interest-based (behavioral)
advertising or other targeted content.

We do not control these third parties’ tracking technologies or how they
may be used. If you would like more information about this practice and to know
your choices about not having this information used by these third-parties,
please go to http://www.networkadvertising.org/choices.

How
We Use Your Information

We use information that we collect about you or that
you provide to us, including any personal information, to:

• Provide you with the App and its contents, and any
other information, products or services that you request from us.

• Fulfill any other purpose for which you provide it.

• Give you notices about your account or subscription,
including expiration and renewal notices.

• Carry out our obligations and enforce our rights
arising from any contracts entered into between you and us, including for
billing and collection.

• Notify you when App updates are available, and of
changes to any products or services we offer or provide though it.

The usage information we collect helps us to improve
our App and to deliver a better and more personalized experience by enabling us
to:

We may also use your information to contact you about our own and third
parties’ goods and services that may be of interest to you. We may use the
information we collect to display advertisements to our advertisers’ target
audiences. If you click on or otherwise interact with an advertisement, the
advertiser may assume that you meet its target criteria.

Disclosure
of Your Information

We may disclose aggregated and de-identified information about our users without
restriction. In addition, we may disclose personal information that we collect
or you provide:

• To our subsidiaries and affiliates.

• To contractors, service providers, content
providers, and other third parties we use to support our business.

• To a buyer or other successor in the event of a
merger, divestiture, restructuring, reorganization, dissolution or other sale
or transfer of some or all of our assets, whether as a going concern or as part
of bankruptcy, liquidation or similar proceeding, in which personal information
held by us about our App users is among the assets transferred.

• To third parties to personalize services and products
offered to you.

• To fulfill the purpose for which you provide it.

• For any other purpose disclosed by us when you provide
the information.

• With your consent.

• To comply with any court order, law or legal
process, including to respond to any government or regulatory request.

• To enforce our rights arising from any contracts
entered into between you and us, including the Terms of Use, this Policy, and
for billing and collection.

• To protect safety and integrity of the App, its
users, the public or other parties as is deemed appropriate, in its sole
discretion.

• To protect and defend our rights or property,
you, or other third parties from fraud, abuse, or violation of the Terms of Use
or illegal acts.

• If we believe disclosure is necessary or
appropriate to protect our rights, property, or safety or that of our customers,
users, contractors or others. This includes exchanging information with other
companies and organizations for the purposes of fraud protection and credit
risk reduction.

Accessing,
Correcting and Deleting Your Information

You may review and change your personal information by logging into the App
and visiting your account profile page. You can request and obtain removal of
your Posts and User Contributions by emailing KhloeSupport@kardashianjennerdigital.com with your request and specifying the particular Post
or User Contribution you seek to remove. We may not accommodate a request to
change or delete any information if we believe such action would violate any
law or legal requirement or cause the information to be incorrect. Removal of
your Posts or User Contributions from the App does not ensure complete or
comprehensive removal of such Posts or User Contributions from the App as copies
may remain viewable in cached and archived pages, or might have been copied or
stored by other App users. You can unsubscribe from any newsletters or various
promotional emails at any time by clicking on the “unsubscribe” links provided
in such communications. You may not opt out of App-related communications, such
as account verification, purchase confirmations and administrative messages, so
long as you are registered with the App.

Transfer of Information

As we develop our business, we might buy or sell businesses or their
assets, or engage in transfers, acquisitions, mergers, restructurings, changes
of control, or other transactions. In such transactions, customer information
generally is one of the transferred business assets and your information may be
subject to such a transfer. You agree to and do hereby consent to any such
transfer. Also, in the unlikely event of a bankruptcy, your information may be
transferred to a bankruptcy trustee or debtor in possession and then to a
subsequent purchaser.

Social Media Plug-ins

We may integrate social media application program interfaces or plug-ins
(“Plug-ins”) from social networks, including Facebook, Twitter, Instagram,
Tumblr, Pinterest and others, into the App. Plug-ins may transfer information
about you to the Plug-in’s respective platform without action by you. This
information may include your platform user identification number, which website
you are on, and more. Interacting with a Plug-in will transmit information
directly to that Plug-in’s social network and that information may be visible
by others on that platform. Plug-ins are controlled by the respective platform’s
privacy policy, and not by our Policy.

Processing Your Information

The App is hosted
in the United States. Your use of the App from the European Union or any other
place in the world means you agree to transfer, store and process your personal
information to and in the United States, which laws may not provide the same
level of protection of those in your country from which you access the App. We may limit the availability of the App or
any service or product described in the App to any person or geographic area at
any time. If you choose to access the App from outside the United States, you
do so at your own risk.

Your
California Privacy Rights

California Civil Code Section 1798.83 permits users of our App that are
California residents to request certain information regarding our disclosure of
personal information to third parties for their direct marketing purposes. To
make such a request, please contact us at PrivacyKardashianJenner@whalerockindustries.com.
Alternatively, businesses may have in place a policy not to disclose personal
information of customers to third parties for the third parties’ direct
marketing purposes if the customer has exercised an option to opt-out of such
information-sharing. If you wish to opt-out of our
sharing of your personal information with third parties for the third parties’
direct marketing purposes or to find out more about your opt-out
rights, please contact us at PrivacyKardashianJenner@whalerockindustries.com.

Data Security

We have put in place physical, electronic, and managerial procedures
designed to help prevent unauthorized access, to maintain data security, and to
use correctly the personal information we collect online. These safeguards vary based on the
sensitivity of the personal information that we collect and store. But the
safety and security of your information also depends on you. Where we have
given you (or where you have chosen) a password for access to certain parts of our
App, you are responsible for keeping this password confidential. You should not
share your password with anyone. Unfortunately, the transmission of information
via the Internet and mobile platforms is not completely secure. Although we take
reasonable precautions to protect your personal information, we cannot
guarantee the security of your personal information. Any transmission of personal
information is at your own risk. We are not responsible for circumvention of
any privacy settings or security measures we provide.

Limitation of Liability

TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW,
(A) IN NO EVENT SHALL COMPANY BE LIABLE TO YOU WITH RESPECT TO USE OF THE
SOFTWARE, CONTENT OR SERVICES AND (B) IN NO EVENT SHALL COMPANY BE LIABLE TO
YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY
DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THESE TERMS OR THE USE OF OR
INABILITY TO USE THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST
PROFITS, LOSS OR CORRUPTION OF DATA, BREACH OF PRIVACY OR SECURITY,
TRANSMISSION OF PERSONAL DATA OR FAILURE OR MALFUNCTION OF YOUR DEVICE. YOUR
SOLE REMEDY UNDER THESE TERMS IS TO CEASE USE OF THE SOFTWARE. COMPANY DISCLAIMS ANY AND ALL LIABILITY OF
ANY KIND FOR ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR PERSONALLY IDENTIFIABLE
INFORMATION. BY ACCESSING THE APP, YOU
ACKNOWLEDGE AND AGREE TO COMPANY’S DISCLAIMER OF SUCH LIABILITY. IF YOU DO NOT AGREE, YOU SHOULD NOT ACCESS OR
USE THE APP. ANY CAUSE OF ACTION OR
CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE APP MUST BE
COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH
CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Changes
to Our Policy

We may update our Policy from time to time. Non-material changes will
take effect immediately. If we make material changes, we will notify you by
email (at the email address you have provided to us) or through notice on www.Khloewithak.com,
and will also indicate as much at the top of this page. Material changes will
take effect 30 days after such notice. We encourage you to review this Policy
at least every 30 days to check for material changes.

Contact Information

Privacy Concerns. If
you have any concern or complaint about privacy on the Site, please contact us
at WRI Tx, Attn: Legal Affairs, Pacific Design Center, Red Building, 750 North
San Vicente Blvd, 900W, West Hollywood, CA 90069 U.S.A or email us at PrivacyKardashianJenner@whalerockindustries.com.
We will do our best to respond to you in a timely and professional manner in
order to answer your questions and resolve your concerns.

This End-User License Agreement (the “EULA” or “Agreement”) governs your (“you” or “your”) use of the Khloe Kardashian™ mobile app software (the “Software”) provided by WRI Tx (the “Company”) designed to operate on your Android-based smartphone, tablet or other mobile device (your “Mobile Device”). This EULA governs only that Software which may operate on these devices or other computing device manufactured or marketed for Google-Play and any other Android platform.

BY CLICKING THE “AGREE” BUTTON, OR DOWNLOADING AND INSTALLING, OR USING THE SOFTWARE, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND YOU UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE 13 YEARS OF AGE OR OLDER, OR OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, OR USE THE APPLICATION; YOU SHOULD DELETE IT FROM YOUR MOBILE DEVICE.

Your use of the Software constitutes your acceptance of the terms of this Agreement, which may be amended from time to time by Company. The most recent version of this Agreement will be available at www.Khloewithak.com (the “Website”) and the most recent version shall supersede any and all other versions of this Agreement. Company reserves the right to change or modify this Agreement or any other Company policies related to use of the Software at any time and at its sole discretion by posting revisions on the Internet at the Website, which shall constitute notice of such revisions. Your continued use of the Software following the posting of these changes or modifications will constitute acceptance of such changes or modifications.

1. Acknowledgement. Company and you, the end-user of the Software, acknowledge that the Agreement is entered into by and between Company and you, and is not with Google, Inc. Notwithstanding the foregoing, you acknowledge that Google, Inc. and its subsidiaries are third-party beneficiaries of this Agreement and that Google, Inc. has the right (and is deemed to have accepted the right) to enforce this Agreement. Company is solely responsible for the Software and any content contained therein. You acknowledge that Google, Inc. has no obligation whatsoever to furnish any maintenance and support services with respect to the Software. You acknowledge that you have reviewed the Google Play Terms of Service (located online at https://play.google.com/about/play-terms.html). You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government “watch list” of prohibited or restricted parties, including the Specially Designated Nationals list published by the Office of Foreign Assets Control of the U.S. Treasury or the Denied Persons List published by the U.S. Department of Commerce.

2. Incorporation of Google Play Terms of Service. This Agreement incorporates by reference the Google Play Terms of Service published by Google, Inc. (located online at https://play.google.com/about/play-terms.html). For purposes of this Agreement, the “Software” is considered the “Content” as defined in the Google Play Terms of Service and “Company” is considered the “Provider” as defined in the Google Play Terms of Service. If any terms of this Agreement conflict with the terms of the Google Play Terms of Service, the terms of this Agreement shall control.

3. License. Subject to the terms of this Agreement, Company grants you a limited, non-exclusive and nontransferable license to: (A) download, install and use the Software for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you (“Mobile Device”), and (B) access, stream, download and use on such Mobile Device the Content and Services (as defined in Section 4) made available in or otherwise accessible through the Software, strictly in accordance with this Agreement and the Terms of Use applicable to such Content and Services as set forth in Section 4.

4. Content and Services. The Software may provide you with access to products and services, and certain features, functionality and content accessible on or through the Software (collectively, “Content and Services”). Your access to and use of such Content and Services are governed by Company’s Privacy Policy located at the end of this Agreement, which is incorporated herein.

5. Geographic Restrictions. You acknowledge that you may not be able to access all or some of the Content and Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Content and Services from outside the United States, you are responsible for compliance with local laws. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government “watch list” of prohibited or restricted parties, including the Specially Designated Nationals list published by the Office of Foreign Assets Control of the U.S. Treasury or the Denied Persons List published by the U.S. Department of Commerce.

6. Allowable Uses of the Software. Any use of the Software in any manner not allowed under this Agreement, including, without limitation, resale, transfer, modification, reverse engineering, decompiling, disassembling, or distribution of the Software is prohibited. Furthermore, you may not create any derivative works from or sublicense any rights in the Software. This Agreement does not entitle you to receive and does not obligate Company to provide hard-copy documentation, support, telephone assistance, or enhancements or updates to the Software.

7. Subscription,
Free Trial, Billing and Cancellation

A. Subscription. When you download or install this mobile app (“App”), you will have access to Free Content, which is Content and Services provided to you without any fees, charges, or subscriptions. The App also contains Premium Content, which is Content and Services that are only provided via a paid subscription to the App. By subscribing, downloading, or installing the Premium Content you agree to subscribe to the App, which are offered either on a monthly or an annual basis (‘Subscription Plan”). All subscriptions are renewed automatically on the renewal date of your Subscription Plan. Upon renewal of your subscription, you will be billed the subscription fee unless you cancel before the last day of your current billing period. You may not be notified in advance of each renewal.

B. In-app Purchases. We may include certain content that can be viewed without a subscription, but require a separate one-time payment for unlimited viewing of such content. All transactions are final. Pricing and availability of such content are subject to change without notice. We reserve the right at any time to remove this content without issuing a refund.

C. Free Trial. From time to time, we may offer free trials for a specified period of time. Company reserves the right, in its sole discretion, to determine your eligibility for a free trial, and to modify or withdraw a free trial at any time without notice or liability. On the first day after the free trial ends, you will be billed the subscription fee on a recurring basis, on the rate set in your Subscription Plan, unless you cancel prior to the end of the free trial period. You may not be notified that your free trial period has ended or that the paying period of your subscription has begun.

D. Recurring Billing. By subscribing to the App, you authorize payment of the subscription fee at the then current rate, and any other charges you may incur in connection with your use of the App. You acknowledge that the amount billed each billing period may vary for reasons including promotional offers, gift card redemptions and adding subscriptions. You authorize payment of such varying amounts, which may be billed in one or more charges during the billing cycle.

E. Billing Cycle You will be billed at the start of the paying period of your subscription and every paying period thereafter, depending on your Subscription Plan, unless you cancel your subscription or we terminate it. You must cancel your subscription before it renews for the next paying period of your billing cycle in order to avoid billing of the next cycle’s subscription fee. Subscription fees are fully earned upon payment. We reserve the right to change the timing of our billing or billing cycle.

F. Price Changes. We reserve the right to change pricing for subscriptions or any components thereof in any manner and at any time as we may determine in our sole discretion. Subject to these Terms, any price changes will take effect following notice to you.

G. No Refunds. PAYMENTS ARE NONREFUNDABLE AND NO REFUNDS OR CREDITS WILL BE GIVEN FOR PARTIAL OR INCOMPLETE USE. We reserve the right, in our sole discretion, to provide refunds, discounts or credits to subscribers on one or more instances without obligation to do so in the future. If any or all of the features of the App are temporarily unavailable, you will not receive a refund.

H. Cancellation. You may cancel your subscription at any time by logging into your account and following the instructions for cancellation. Cancellation will become effective at the end of your current billing period. You will not receive a refund or credit for your current billing period. After cancellation, you may continue to access the App for the remainder of your current billing period.

8. Collection and Use of your Information. You acknowledge that when you download, install or use the Software, Company may use automatic means (including, but not limited to, cookies and web beacons) to collect information about your Mobile Device and about your use of the Software. You also may be required to provide certain information about yourself as a condition to downloading, installing or using the Software or certain of its features or functionality, and the Software may provide you with opportunities to share information about yourself with others. By downloading, installing, using and providing information to or through this Software, you consent to all actions taken by Company with respect to your information in compliance with the Privacy Policy.

9. Updates.

A. Company may from time to time in its sole discretion develop and provide Software updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either: (i) the Software will automatically download and install all available Updates; or (ii) you may receive notice of or be prompted to download and install available Updates.

B. You shall promptly download and install all Updates and acknowledge and agree that the Software or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Software and be subject to all terms and conditions of this Agreement.

10. Third Party Materials. The Software may display, include or make available third-party content (including data, information, applications and other products services and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third Party Materials”). You acknowledge and agree that Company is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright or trademark compliance, legality, decency, quality or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you and you access and use them at entirely at your own risk and subject to such third parties’ terms and conditions. Once you choose to link to another site, you should read and understand that site’s privacy statement before disclosing any personal information.

11. Your
Acceptable Use. Use of the Software and any of your information or content collected, transmitted or stored in connection with the Software is limited to the functionality of the Software. In no event may the Software be used in a manner that (a) harasses, abuses, threatens, defames or otherwise infringes or violates the rights of others; (b) is unlawful, fraudulent or deceptive; (c) uses technology or other means to access Company’s proprietary information that is not authorized by Company; (d) uses or launches any automated system to access Company’s website or computer systems; (e) attempts to introduce viruses, trojans, worms, malware, or any other malicious computer code that interrupts, destroys or limits the functionality of any computer software, hardware or telecommunications equipment; (f) attempts to gain unauthorized access to Company’s computer network or user accounts; (g) encourages conduct that would constitute a criminal offense, or would give rise to civil liability; or, (h) violates this Agreement. Company reserves the right, in its sole discretion, to terminate this Agreement, request that you remove the Software from your Mobile Device for any reason, including, but not limited to, Company’s reasonable conclusion that you have violated this Agreement.

12. Content
Posted on the Software. The Software may contain social networking components and interactive features (including but not limited to blogs, chat groups, bulletin boards, news groups, as well as, the display of content from linked third-party websites, which may allow you to submit, transmit or post information, including but not limited to audio recordings, video recordings, writings, and/or images. Company may monitor content posted on the Software, but Company is under no obligation to do so. You may be exposed to content on the Software that is inaccurate or deceptive, or that you find offensive or objectionable.

13. Objectionable Material. You understand that by using and accessing the Software, you may encounter material that you may deem to be offensive or objectionable, and that such content may or may not be identified as having explicit material. Nevertheless, you agree to the use of the Software at your sole risk and Company shall have no liability to you for material that may be found to be offensive or objectionable.

14. Content You Post.

A. Content you post via the Software may appear on other user’s devices. You are responsible for all content that you post through or download from the Software. You may not post content that:

• Is not your own original creation or that you do not have permission to use (keep in mind that just because something on the internet does not have a copyright notice on it doesn’t mean you can use it without permission);

• Infringes the copyright, trademark, patent right, or other proprietary right of any person or that is used without the permission of the owner;

• You know to be inaccurate;

• Is pornographic, sexually explicit, or obscene;

• Exploits children or minors;

• Violates the rights of privacy or publicity of any person;

• Is harassing, libelous, slanderous, or defamatory;

• Contains any personally identifying information about any person without their consent or about any person who is a minor;

• May be deemed generally offensive to the community, including blatant expressions of bigotry, prejudice, racism, hatred, profanity or religious or political radicalism;

• Includes advertisements, promotions, solicitations, spam, or offers to sell any goods or services for any commercial purpose;

• Is off topic;

• Is intended to provide professional advice, including but not limited to, the provision of medical treatment, or legal, financial or investment advice;

• Is intended to solicit, recommend, endorse, or offer to buy or sell any securities or other financial instruments, tout stocks, or recommend that any particular security, portfolio of securities, transaction, or investment strategy is suitable for you or any specific person;

• Contains software viruses or any other computer code, files, or programs designed to destroy, interrupt, or otherwise limit the functionality of any computer software, computer hardware, or other equipment; or,

• Is intended to overwhelm, cause technical disruptions of or denial of service to Company’s servers.

B. Company may remove any content that violates these Terms or that Company determines is otherwise not appropriate in Company’s sole discretion.

C. By posting or transmitting content on or through the Software, you

• represent and warrant that you are the creator and owner of, or have the necessary licenses, rights, consents, and permissions to use and to authorize Company and other users to use and distribute your content as necessary to exercise the licenses granted by you in this Agreement and in the manner contemplated by Company and this Agreement,

• you certify that you are (a) at least 18 years old, or (b) at least 13 years old and have obtained your parent’s or legal guardian’s express consent to submit content;

• agree to and do hereby grant Company and its affiliates and partners a nonexclusive, perpetual, irrevocable, worldwide, sublicensable, transferrable, royalty-free right and license to use, store, display, publish, transmit, transfer, distribute, reproduce, rearrange, edit, modify, aggregate, create derivative works of and publicly perform the content that you submit via the Software for any purpose, in any form, medium, or technology now known or later developed. You also acknowledge that (i) Company may have already created, or be in the process of creating, content that may be substantially similar to your ideas at the time you submit those ideas to us, and (ii) elements of your ideas may not be subject to protection under copyright laws. You also grant Company a license to use your user name in connection with Company’s use of any content you provide to Company. You also consent to the display of advertising within or adjacent to any of your content. Any comments or materials you send to Company, including feedback data, such as questions, comments, suggestions and any other response shall be deemed to be non-confidential.

15. Reservation of Rights. You acknowledge and agree that the Software is provided under license, and not sold, to you. You do not acquire any ownership interest in the Software under this Agreement, or any other rights thereto other than to use the Software in accordance with the license granted, and subject to all terms, conditions and restrictions, under this Agreement. Company and its licensors and service providers reserve and shall retain their entire right, title and interest in and to the Software, including all copyrights, trademarks, other intellectual property rights and all other rights therein or relating thereto, except as expressly granted to you in this Agreement.

16. Limitation of Liability. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, (A) IN NO EVENT SHALL COMPANY BE LIABLE TO YOU WITH RESPECT TO (1) USE OF THE SOFTWARE, CONTENT OR SERVICES OR (2) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE OR US$100.00, AND (B) IN NO EVENT SHALL COMPANY BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SOFTWARE OR ANY WEBSITE THAT THE SOFTWARE MAY DIRECT YOU TO, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OR CORRUPTION OF DATA, BREACH OF PRIVACY OR SECURITY, TRANSMISSION OF PERSONAL DATA OR FAILURE OR MALFUNCTION OF YOUR MOBILE DEVICE. YOUR SOLE REMEDY UNDER THIS AGREEMENT IS TO CEASE USE OF THE SOFTWARE.

17. Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, COMPANY DOES NOT MAKE AND COMPANY HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS WITH RESPECT TO THE SOFTWARE, DOCUMENTATION, UPGRADES, OR UPDATES (AND ANY COPIES OF THE SAME), SUPPORT, AND SERVICES PROVIDED HEREUNDER OR OTHERWISE REGARDING THIS AGREEMENT, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUSES OR MALWARE, AND WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. COMPANY IS NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE COMPANY FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. SOME STATES AND COUNTRIES, INCLUDING MEMBER COUNTRIES OF THE EUROPEAN ECONOMIC AREA, DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE LIMITATIONS OR EXCLUSIONS ABOVE MAY NOT APPLY TO YOU. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

18. Basis
of the Bargain. YOU ACKNOWLEDGE AND AGREE THAT COMPANY HAS OFFERED THEIR PRODUCTS AND SERVICES AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU, ON THE ONE HAND, AND COMPANY, ON THE OTHER HAND, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU, ON THE ONE HAND, AND COMPANY, ON THE OTHER HAND. YOU ACKNOWLEDGE AND AGREE THAT COMPANY WOULD NOT BE ABLE TO PROVIDE THE SITE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

19. Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SOFTWARE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

20. Indemnification. You agree to defend, indemnify, and hold harmless Company and its employees, contractors, officers, directors and successors from any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, expenses (including attorney’s fees and costs) that arise from your use or misuse of the Software, violation of this Agreement or violation of any rights (including, but not limited to intellectual property rights, right of privacy, right of publicity, etc.) of a third party. Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate at your own expense in asserting any available defenses. The indemnification in this section extends to any allegations of copyright infringement, violation of the Digital Millennium Copyright Act or other law based on your importation, exportation, manipulation, modification, distribution, sale or other use of text, still images, or audio or video recordings.

21. Intellectual Property Rights. You and Company acknowledge that, in the event of any third party claim that the Software or your use of the Software infringes any third party’s intellectual property rights, Company, not Google, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. Should the Software be found to infringe any intellectual property rights of a third party, your sole remedy shall be either to cease using the Software or to use a noninfringing version of the Software should Company choose to provide you with such a non-infringing version.

22. Product Claims. You acknowledge that Company, not Google, Inc., is responsible for addressing any claims of the end-user or any third party relating to the Software or your possession and/or use of the Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Software fails to conform to any applicable legal or regulatory requirement; and, (iii) claims arising under consumer protection or similar legislation.

24. Proprietary Nature of Software and Trademarks. Company owns or is licensed to use the Software and any and all trademarks, service marks and content included in the Software. The Software may incorporate trademarks, service marks or other content in connection with the services it provides and such trademarks, service marks or other content remains at all times the property of its respective owners. You have no right or license with respect to any trademarks, service marks and other content owned by Company or any third party that is visible on or provided to you through the Software.

25. Third Party Terms of Agreement. You agree to comply with all applicable third party terms of agreement when using the Software.

26. Governing Law. In order to assure consistency in the interpretation of this agreement, this Agreement is governed exclusively by the laws of the State of California, without giving effect to its conflict of law rules. This Agreement is not governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is expressly excluded. The parties further agree that the place of contract and performance of this Agreement is Los Angeles, California, USA. You consent to the exclusive venue and personal and subject matter jurisdiction in the courts of Los Angeles County, California and the District Court in Los Angeles County, California.

27. Waiver/Severability. The failure of Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is for any reason held unenforceable or invalid, then this Agreement shall be construed as if such provision were not contained in this Agreement.

28. Assignment. Except to the extent such rights cannot be restricted by applicable law, you shall not assign, sublicense, convey or transfer (collectively, “Assign”) this Agreement (whether by contract, merger or operation of law) without the prior written consent of Company, and any such attempt by you to Assign any rights, duties, or obligations hereunder shall have no power or effect, and is subject to Company’s right to immediately terminate this Agreement.

29. Arbitration. Any dispute, claim or controversy arising out of or related to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration before a single arbitrator through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties, or, if no agreement is reached within ten (10) days of a request for agreement, then according to the rules (“Rules”) of the American Arbitration Association. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction. All aspects of the arbitration shall be treated as confidential, as provided in the Rules. Before making any disclosure permitted by the Rules, a party shall give written notice to the other party and afford such party a reasonable opportunity to protect its interests. You agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Company are each waiving the right to a trial by jury and the right to participate in a class or representative action. YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, the arbitrator may not consolidate more than one person’s claims with your or Company’s claims, and may not otherwise preside over any form of a class or representative proceeding.

30. Entire
Agreement; Modifications. This Agreement comprises the entire agreement between you and Company, and supersedes any other agreement or discussion, oral or written, with respect to the subject matter of this Agreement, and may not be changed except by a written agreement signed in hardcopy form by both parties. There shall be no application of any rule of construction of this Agreement against the drafter as you have had an opportunity to have this Agreement reviewed by your counsel.

31. Intellectual Property Rights Policy; DMCA
Notification.

We respect the rights of intellectual property holders. If you believe that any content on the Software violates your intellectual property rights, you can report such violation to us in accordance with the Digital Millennium Copyright Act (17 U.S.C. §512). In the case of an alleged infringement, please provide the following information:

A description of the copyrighted work or other intellectual property that you claim has been infringed;

A description of where the material that you claim is infringing is located on the Software (including the exact URL);

An address, a telephone number, and an e-mail address where we can contact you;

A statement that you have a good faith belief that the use is not authorized by the copyright or other intellectual property rights owner, by its agent, or by law;

A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner's behalf; and

Your electronic or physical signature, or that of the person authorized to act on behalf of the owner of the copyright or other right being infringed.

We may request additional information before we remove allegedly infringing material. You may report a copyright violation by providing the above information to the Whalerock designated agent listed below.

We will terminate the user account of any user who repeatedly submits content that violates our intellectual property policies. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had Content removed from the Software more than twice.

KHLOE KARDASHIAN™

MOBILE APP PRIVACY POLICY

Effective Date: April 17, 2017

Introduction

This Privacy Policy (“Policy”) describes the privacy practices for the Kardashian™ Mobile App (the “App”), which is owned and operated by WRI Tx (“Company”
or “We”). This Policy applies only to information we may collect or that you may provide when you purchase, download, install, register with, access or use the App, in e-mail, text and other electronic communications set through or in connection with this App and any other sources. This policy does not apply to information that we collect offline or on any other Company apps or websites, including websites you may access through this App or you provide to or is collected by any third party. Our websites and apps and these third parties may have their own privacy policies, which we encourage you to read before providing information on or through them.

Please read this Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, do not download, register with or use this App. By downloading, registering with or using this App, you agree to this Policy. This Policy may change from time to time. Your continued use of this App after we make changes is deemed to be acceptance of those changes, so please check the Policy periodically for updates.

Children
under the Age of 13

The App is not intended for children under 13 years of age, and we do not knowingly collect personal information from children under 13. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at PrivacyKardashianJenner@whalerockindustries.com.

Information
We Collect and How We Collect It

We may collect information from and about users of the App directly from you when you provide it to us and/or automatically when you use the App.

Information You Provide to Us.

When you download, register with or use this App, we may ask you provide information by which you may be personally identified, such as name, postal address, e-mail address, telephone number, credit card number, geolocation, mobile device identification number, or any other identifier by which you may be contacted online or offline (“personal information”), or that is about you but individually does not identify you.

This information includes: (i) Information that you provide by filling in forms on the App. This includes information provided at the time of registering to use the App, subscribing to our service, posting material, and requesting further services. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with the App; (ii) records and copies of your correspondence (including e-mail addresses and phone numbers), if you contact us; (iii) Your responses to surveys that we might ask you to complete for research purposes; (iv) Details of transactions you carry out through the App and of the fulfillment of your orders (note that you may be required to provide financial information before placing an order through the App); (v) Your search queries on the App; and (vi) Your appearance at events where you use a QR code at the event location to indicate to us that you attended the event. You may be able to access features of the App by using your Facebook or other social media accounts. Your privacy settings on your Facebook or other social media accounts, as well as the social media companies’ respective privacy policies, will determine the personal and other information that may be shared with us when you access the App.

You may be able to provide information to be published or displayed (“Posts” or “Posted”) on public areas of websites you access through the App (collectively, “User Contributions”). Your User Contributions and Posts may be transmitted to others at your own risk. We cannot control the actions of third parties with whom you may choose to share your User Contributions. Therefore, we cannot guarantee that your User Contributions will not be viewed by unauthorized persons.

Automatic Information Collection And Tracking.

When you download, access and use the App, it may use technology to automatically collect certain information, including but not limited to:

• Usage
Details. When you access and use the App, we may automatically collect certain details of your access to and use of the App, including traffic data, location data, logs and other communication data and the resources that you access and use on or through the App.

• Stored
Information and Files. The App also may access metadata, tags and other information associated with other files stored on your device. This may include, for example, photographs, audio and video clips, personal contacts and address book information.

• Location
Information. This App may collect real-time information about the location of your device, as well as demographic, usage patterns and other non-personally identifiable profile information about you.

We also may use technologies to collect information about your usage of the App over time. We do not respond to web browser “do not track” signals.

Information Collection And Tracking Technologies. The technologies we use for automatic information collection may include:

• Cookies. A cookie is a small file placed on your mobile device. It may be possible to refuse to accept mobile cookies by activating the appropriate setting on your mobile device. However, if you select this setting you may be unable to access certain parts of our App.

• Web
Beacons. Pages of the App or our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an e-mail and for other related app statistics (for example, recording the popularity of certain app content and verifying system and server integrity).

Third-party Information Collection

When you use the App or its content, certain third parties may use automatic information collection technologies to collect information about you or your device. These third parties may include: advertisers, ad networks and ad servers, analytics companies, your mobile device manufacturer, your mobile service provider, etc.

These third parties may use tracking technologies to collect information about you when you use this App. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites, apps and other online services or websites. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties’ tracking technologies or how they may be used. If you would like more information about this practice and to know your choices about not having this information used by these third-parties, please go to http://www.networkadvertising.org/choices.

How
We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information, to:

• Provide you with the App and its contents, and any other information, products or services that you request from us.

• Fulfill any other purpose for which you provide it.

• Give you notices about your account or subscription, including expiration and renewal notices.

• Carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.

• Notify you when App updates are available, and of changes to any products or services we offer or provide though it.

The usage information we collect helps us to improve our App and to deliver a better and more personalized experience by enabling us to:

We may also use your information to contact you about our own and third parties’ goods and services that may be of interest to you. We may use the information we collect to display advertisements to our advertisers’ target audiences. If you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

Disclosure
of Your Information

We may disclose aggregated and de-identified information about our users without restriction. In addition, we may disclose personal information that we collect or you provide:

• To our subsidiaries and affiliates.

• To contractors, service providers, content providers, and other third parties we use to support our business.

• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by us about our App users is among the assets transferred.

• To third parties to personalize services and products offered to you.

• To fulfill the purpose for which you provide it.

• For any other purpose disclosed by us when you provide the information.

• With your consent.

• To comply with any court order, law or legal process, including to respond to any government or regulatory request.

• To enforce our rights arising from any contracts entered into between you and us, including the Terms of Use, this Policy, and for billing and collection.

• To protect safety and integrity of the App, its users, the public or other parties as is deemed appropriate, in its sole discretion.

• To protect and defend our rights or property, you, or other third parties from fraud, abuse, or violation of the Terms of Use or illegal acts.

• If we believe disclosure is necessary or appropriate to protect our rights, property, or safety or that of our customers, users, contractors or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Accessing,
Correcting and Deleting Your Information

You may review and change your personal information by logging into the App and visiting your account profile page. You can request and obtain removal of your Posts and User Contributions by emailing KhloeSupport@kardashianjennerdigital.com with your request and specifying the particular Post or User Contribution you seek to remove. We may not accommodate a request to change or delete any information if we believe such action would violate any law or legal requirement or cause the information to be incorrect. Removal of your Posts or User Contributions from the App does not ensure complete or comprehensive removal of such Posts or User Contributions from the App as copies may remain viewable in cached and archived pages, or might have been copied or stored by other App users. You can unsubscribe from any newsletters or various promotional emails at any time by clicking on the “unsubscribe” links provided in such communications. You may not opt out of App-related communications, such as account verification, purchase confirmations and administrative messages, so long as you are registered with the App.

Transfer of Information

As we develop our business, we might buy or sell businesses or their assets, or engage in transfers, acquisitions, mergers, restructurings, changes of control, or other transactions. In such transactions, customer information generally is one of the transferred business assets and your information may be subject to such a transfer. You agree to and do hereby consent to any such transfer. Also, in the unlikely event of a bankruptcy, your information may be transferred to a bankruptcy trustee or debtor in possession and then to a subsequent purchaser.

Social Media Plug-ins

We may integrate social media application program interfaces or plug-ins (“Plug-ins”) from social networks, including Facebook, Twitter, Instagram, Tumblr, Pinterest and others, into the App. Plug-ins may transfer information about you to the Plug-in’s respective platform without action by you. This information may include your platform user identification number, which website you are on, and more. Interacting with a Plug-in will transmit information directly to that Plug-in’s social network and that information may be visible by others on that platform. Plug-ins are controlled by the respective platform’s privacy policy, and not by our Policy.

Processing Your Information

The App is hosted in the United States. Your use of the App from the European Union or any other place in the world means you agree to transfer, store and process your personal information to and in the United States, which laws may not provide the same level of protection of those in your country from which you access the App. We may limit the availability of the App or any service or product described in the App to any person or geographic area at any time. If you choose to access the App from outside the United States, you do so at your own risk.

Your
California Privacy Rights

California Civil Code Section 1798.83 permits users of our App that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. Alternatively, businesses may have in place a policy not to disclose personal information of customers to third parties for the third parties’ direct marketing purposes if the customer has exercised an option to opt-out of such information-sharing. If you wish to opt-out of our sharing of your personal information with third parties for the third parties’ direct marketing purposes or to find out more about your opt-out rights, please contact us at PrivacyKardashianJenner@whalerockindustries.com.

Data Security

We have put in place physical, electronic, and managerial procedures designed to help prevent unauthorized access, to maintain data security, and to use correctly the personal information we collect online. These safeguards vary based on the sensitivity of the personal information that we collect and store. But the safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our App, you are responsible for keeping this password confidential. You should not share your password with anyone. Unfortunately, the transmission of information via the Internet and mobile platforms is not completely secure. Although we take reasonable precautions to protect your personal information, we cannot guarantee the security of your personal information. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures we provide.

Limitation of Liability

TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, (A) IN NO EVENT SHALL COMPANY BE LIABLE TO YOU WITH RESPECT TO USE OF THE SOFTWARE, CONTENT OR SERVICES AND (B) IN NO EVENT SHALL COMPANY BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THESE TERMS OR THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OR CORRUPTION OF DATA, BREACH OF PRIVACY OR SECURITY, TRANSMISSION OF PERSONAL DATA OR FAILURE OR MALFUNCTION OF YOUR DEVICE. YOUR SOLE REMEDY UNDER THESE TERMS IS TO CEASE USE OF THE SOFTWARE. COMPANY DISCLAIMS ANY AND ALL LIABILITY OF ANY KIND FOR ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR PERSONALLY IDENTIFIABLE INFORMATION. BY ACCESSING THE APP, YOU ACKNOWLEDGE AND AGREE TO COMPANY’S DISCLAIMER OF SUCH LIABILITY. IF YOU DO NOT AGREE, YOU SHOULD NOT ACCESS OR USE THE APP. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE APP MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Changes
to Our Policy

We may update our Policy from time to time. Non-material changes will take effect immediately. If we make material changes, we will notify you by email (at the email address you have provided to us) or through notice on www.Khloewithak.com, and will also indicate as much at the top of this page. Material changes will take effect 30 days after such notice. We encourage you to review this Policy at least every 30 days to check for material changes.

Contact Information

Privacy Concerns. If you have any concern or complaint about privacy on the Site, please contact us at WRI Tx, Attn: Legal Affairs, Pacific Design Center, Red Building, 750 North San Vicente Blvd, 900W, West Hollywood, CA 90069 U.S.A or email us at PrivacyKardashianJenner@whalerockindustries.com. We will do our best to respond to you in a timely and professional manner in order to answer your questions and resolve your concerns.

This End-User License Agreement (the “EULA” or “Agreement”) governs your (“you” or “your”) use of the Khloe Kardashian™ mobile app software (the “Software”) provided by WRI Tx (the “Company”) designed to operate on your Android-based smartphone, tablet or other mobile device (your “Mobile Device”). This EULA governs only that Software which may operate on these devices or other computing device manufactured or marketed for Google-Play and any other Android platform.

BY CLICKING THE “AGREE” BUTTON, OR DOWNLOADING AND INSTALLING, OR USING THE SOFTWARE, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND YOU UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE 13 YEARS OF AGE OR OLDER, OR OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, OR USE THE APPLICATION; YOU SHOULD DELETE IT FROM YOUR MOBILE DEVICE.

Your use of the Software constitutes your acceptance of the terms of this Agreement, which may be amended from time to time by Company. The most recent version of this Agreement will be available at www.Khloewithak.com (the “Website”) and the most recent version shall supersede any and all other versions of this Agreement. Company reserves the right to change or modify this Agreement or any other Company policies related to use of the Software at any time and at its sole discretion by posting revisions on the Internet at the Website, which shall constitute notice of such revisions. Your continued use of the Software following the posting of these changes or modifications will constitute acceptance of such changes or modifications.

1. Acknowledgement. Company and you, the end-user of the Software, acknowledge that the Agreement is entered into by and between Company and you, and is not with Amazon Digital Services, Inc. Notwithstanding the foregoing, you acknowledge that Amazon Digital Services, Inc. and its subsidiaries are third-party beneficiaries of this Agreement and that Amazon Digital Services, Inc. has the right (and is deemed to have accepted the right) to enforce this Agreement. Company is solely responsible for the Software and any content contained therein. You acknowledge that Amazon Digital Services, Inc. has no obligation whatsoever to furnish any maintenance and support services with respect to the Software. You acknowledge that you have reviewed the Amazon Appstore for Android Terms of Use (located online at https://www.amazon.com/gp/help/customer/display.html?nodeId=201485660). You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government “watch list” of prohibited or restricted parties, including the Specially Designated Nationals list published by the Office of Foreign Assets Control of the U.S. Treasury or the Denied Persons List published by the U.S. Department of Commerce.

2. Incorporation of Amazon Digital Services, Inc. Standard End User License Agreement. This Agreement incorporates by reference the Standard End User License Agreement (the “Standard EULA”) published by Amazon Digital Services, Inc. (located online at https://www.amazon.com/gp/help/customer/display.html?nodeId=201485660). For purposes of this Agreement, the “Software” is considered the “Apps” as defined in the Standard EULA and “Company” is considered the “Publisher” as defined in the Standard EULA. If any terms of this Agreement conflict with the terms of the Standard EULA, the terms of this Agreement shall control.

3. License. Subject to the terms of this Agreement, Company grants you a limited, non-exclusive and nontransferable license to: (A) download, install and use the Software for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you (“Mobile Device”), and (B) access, stream, download and use on such Mobile Device the Content and Services (as defined in Section 4) made available in or otherwise accessible through the Software, strictly in accordance with this Agreement and the Terms of Use applicable to such Content and Services as set forth in Section 4.

4. Content and Services. The Software may provide you with access to products and services, and certain features, functionality and content accessible on or through the Software (collectively, “Content and Services”). Your access to and use of such Content and Services are governed by Company’s Privacy Policy located at the end of this Agreement, which is incorporated herein.

5. Geographic Restrictions. You acknowledge that you may not be able to access all or some of the Content and Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Content and Services from outside the United States, you are responsible for compliance with local laws. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government “watch list” of prohibited or restricted parties, including the Specially Designated Nationals list published by the Office of Foreign Assets Control of the U.S. Treasury or the Denied Persons List published by the U.S. Department of Commerce.

6. Allowable Uses of the Software. Any use of the Software in any manner not allowed under this Agreement, including, without limitation, resale, transfer, modification, reverse engineering, decompiling, disassembling, or distribution of the Software is prohibited. Furthermore, you may not create any derivative works from or sublicense any rights in the Software. This Agreement does not entitle you to receive and does not obligate Company to provide hard-copy documentation, support, telephone assistance, or enhancements or updates to the Software.

7. Subscription, Free Trial, Billing and Cancellation

A. Subscription

B. In-app Purchases

C. Free Trial

D. Recurring Billing

E. Billing Cycle

F. Price Changes. We reserve the right to change pricing for subscriptions or any components thereof in any manner and at any time as we may determine in our sole discretion. Subject to these Terms, any price changes will take effect following notice to you.

G. No Refunds. PAYMENTS ARE NONREFUNDABLE AND NO REFUNDS OR CREDITS WILL BE GIVEN FOR PARTIAL OR INCOMPLETE USE. We reserve the right, in our sole discretion, to provide refunds, discounts or credits to subscribers on one or more instances without obligation to do so in the future. If any or all of the features of the App are temporarily unavailable, you will not receive a refund.

H. Cancellation. You may cancel your subscription at any time by logging into your account and following the instructions for cancellation. Cancellation will become effective at the end of your current billing period. You will not receive a refund or credit for your current billing period. After cancellation, you may continue to access the App for the remainder of your current billing period.

8. Collection and Use of your Information. You acknowledge that when you download, install or use the Software, Company may use automatic means (including, but not limited to, cookies and web beacons) to collect information about your Mobile Device and about your use of the Software. You also may be required to provide certain information about yourself as a condition to downloading, installing or using the Software or certain of its features or functionality, and the Software may provide you with opportunities to share information about yourself with others. By downloading, installing, using and providing information to or through this Software, you consent to all actions taken by Company with respect to your information in compliance with the Privacy Policy.

9. Updates.

A. Company may from time to time in its sole discretion develop and provide Software updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either: (i) the Software will automatically download and install all available Updates; or (ii) you may receive notice of or be prompted to download and install available Updates.

B. You shall promptly download and install all Updates and acknowledge and agree that the Software or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Software and be subject to all terms and conditions of this Agreement.

10. Third Party Materials. The Software may display, include or make available third-party content (including data, information, applications and other products services and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third Party Materials”). You acknowledge and agree that Company is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, copyright or trademark compliance, legality, decency, quality or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you and you access and use them at entirely at your own risk and subject to such third parties’ terms and conditions. Once you choose to link to another site, you should read and understand that site’s privacy statement before disclosing any personal information.

11. Your
Acceptable Use. Use of the Software and any of your information or content collected, transmitted or stored in connection with the Software is limited to the functionality of the Software. In no event may the Software be used in a manner that (a) harasses, abuses, threatens, defames or otherwise infringes or violates the rights of others; (b) is unlawful, fraudulent or deceptive; (c) uses technology or other means to access Company’s proprietary information that is not authorized by Company; (d) uses or launches any automated system to access Company’s website or computer systems; (e) attempts to introduce viruses, trojans, worms, malware, or any other malicious computer code that interrupts, destroys or limits the functionality of any computer software, hardware or telecommunications equipment; (f) attempts to gain unauthorized access to Company’s computer network or user accounts; (g) encourages conduct that would constitute a criminal offense, or would give rise to civil liability; or, (h) violates this Agreement. Company reserves the right, in its sole discretion, to terminate this Agreement, request that you remove the Software from your Mobile Device for any reason, including, but not limited to, Company’s reasonable conclusion that you have violated this Agreement.

12. Content
Posted on the Software. The Software may contain social networking components and interactive features (including but not limited to blogs, chat groups, bulletin boards, news groups, as well as, the display of content from linked third-party websites, which may allow you to submit, transmit or post information, including but not limited to audio recordings, video recordings, writings, and/or images. Company may monitor content posted on the Software, but Company is under no obligation to do so. You may be exposed to content on the Software that is inaccurate or deceptive, or that you find offensive or objectionable.

13. Objectionable Material. You understand that by using and accessing the Software, you may encounter material that you may deem to be offensive or objectionable, and that such content may or may not be identified as having explicit material. Nevertheless, you agree to the use of the Software at your sole risk and Company shall have no liability to you for material that may be found to be offensive or objectionable.

14. Content You Post.

A. Content you post via the Software may appear on other user’s devices. You are responsible for all content that you post through or download from the Software. You may not post content that:

• Is not your own original creation or that you do not have permission to use (keep in mind that just because something on the internet does not have a copyright notice on it doesn’t mean you can use it without permission);

• Infringes the copyright, trademark, patent right, or other proprietary right of any person or that is used without the permission of the owner;

• You know to be inaccurate;

• Is pornographic, sexually explicit, or obscene;

• Exploits children or minors;

• Violates the rights of privacy or publicity of any person;

• Is harassing, libelous, slanderous, or defamatory;

• Contains any personally identifying information about any person without their consent or about any person who is a minor;

• May be deemed generally offensive to the community, including blatant expressions of bigotry, prejudice, racism, hatred, profanity or religious or political radicalism;

• Includes advertisements, promotions, solicitations, spam, or offers to sell any goods or services for any commercial purpose;

• Is off topic;

• Is intended to provide professional advice, including but not limited to, the provision of medical treatment, or legal, financial or investment advice;

• Is intended to solicit, recommend, endorse, or offer to buy or sell any securities or other financial instruments, tout stocks, or recommend that any particular security, portfolio of securities, transaction, or investment strategy is suitable for you or any specific person;

• Contains software viruses or any other computer code, files, or programs designed to destroy, interrupt, or otherwise limit the functionality of any computer software, computer hardware, or other equipment; or,

• Is intended to overwhelm, cause technical disruptions of or denial of service to Company’s servers.

B. Company may remove any content that violates these Terms or that Company determines is otherwise not appropriate in Company’s sole discretion.

C. By posting or transmitting content on or through the Software, you

• represent and warrant that you are the creator and owner of, or have the necessary licenses, rights, consents, and permissions to use and to authorize Company and other users to use and distribute your content as necessary to exercise the licenses granted by you in this Agreement and in the manner contemplated by Company and this Agreement,

• you certify that you are (a) at least 18 years old, or (b) at least 13 years old and have obtained your parent’s or legal guardian’s express consent to submit content;

• agree to and do hereby grant Company and its affiliates and partners a nonexclusive, perpetual, irrevocable, worldwide, sublicensable, transferrable, royalty-free right and license to use, store, display, publish, transmit, transfer, distribute, reproduce, rearrange, edit, modify, aggregate, create derivative works of and publicly perform the content that you submit via the Software for any purpose, in any form, medium, or technology now known or later developed. You also acknowledge that (i) Company may have already created, or be in the process of creating, content that may be substantially similar to your ideas at the time you submit those ideas to us, and (ii) elements of your ideas may not be subject to protection under copyright laws. You also grant Company a license to use your user name in connection with Company’s use of any content you provide to Company. You also consent to the display of advertising within or adjacent to any of your content. Any comments or materials you send to Company, including feedback data, such as questions, comments, suggestions and any other response shall be deemed to be non-confidential.

15. Reservation of Rights You acknowledge and agree that the Software is provided under license, and not sold, to you. You do not acquire any ownership interest in the Software under this Agreement, or any other rights thereto other than to use the Software in accordance with the license granted, and subject to all terms, conditions and restrictions, under this Agreement. Company and its licensors and service providers reserve and shall retain their entire right, title and interest in and to the Software, including all copyrights, trademarks, other intellectual property rights and all other rights therein or relating thereto, except as expressly granted to you in this Agreement.

16. Limitation of Liability.. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, (A) IN NO EVENT SHALL COMPANY BE LIABLE TO YOU WITH RESPECT TO (1) USE OF THE SOFTWARE, CONTENT OR SERVICES OR (2) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE OR US$100.00, AND (B) IN NO EVENT SHALL COMPANY BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SOFTWARE OR ANY WEBSITE THAT THE SOFTWARE MAY DIRECT YOU TO, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OR CORRUPTION OF DATA, BREACH OF PRIVACY OR SECURITY, TRANSMISSION OF PERSONAL DATA OR FAILURE OR MALFUNCTION OF YOUR MOBILE DEVICE. YOUR SOLE REMEDY UNDER THIS AGREEMENT IS TO CEASE USE OF THE SOFTWARE.

17. Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, COMPANY DOES NOT MAKE AND COMPANY HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS WITH RESPECT TO THE SOFTWARE, DOCUMENTATION, UPGRADES, OR UPDATES (AND ANY COPIES OF THE SAME), SUPPORT, AND SERVICES PROVIDED HEREUNDER OR OTHERWISE REGARDING THIS AGREEMENT, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUSES OR MALWARE, AND WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. COMPANY IS NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE COMPANY FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. SOME STATES AND COUNTRIES, INCLUDING MEMBER COUNTRIES OF THE EUROPEAN ECONOMIC AREA, DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE LIMITATIONS OR EXCLUSIONS ABOVE MAY NOT APPLY TO YOU. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

18. Basis
of the Bargain. YOU ACKNOWLEDGE AND AGREE THAT COMPANY HAS OFFERED THEIR PRODUCTS AND SERVICES AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU, ON THE ONE HAND, AND COMPANY, ON THE OTHER HAND, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU, ON THE ONE HAND, AND COMPANY, ON THE OTHER HAND. YOU ACKNOWLEDGE AND AGREE THAT COMPANY WOULD NOT BE ABLE TO PROVIDE THE SITE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

19. Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SOFTWARE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

20. Indemnification. You agree to defend, indemnify, and hold harmless Company and its employees, contractors, officers, directors and successors from any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, expenses (including attorney’s fees and costs) that arise from your use or misuse of the Software, violation of this Agreement or violation of any rights (including, but not limited to intellectual property rights, right of privacy, right of publicity, etc.) of a third party. Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate at your own expense in asserting any available defenses. The indemnification in this section extends to any allegations of copyright infringement, violation of the Digital Millennium Copyright Act or other law based on your importation, exportation, manipulation, modification, distribution, sale or other use of text, still images, or audio or video recordings.

21. Intellectual Property Rights. You and Company acknowledge that, in the event of any third party claim that the Software or your use of the Software infringes any third party’s intellectual property rights, Company, not Google, Inc. and/or Amazon Digital Services, Inc., will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. Should the Software be found to infringe any intellectual property rights of a third party, your sole remedy shall be either to cease using the Software or to use a noninfringing version of the Software should Company choose to provide you with such a non-infringing version.

22. Product Claims. You acknowledge that Company, not Google, Inc. and/or Amazon Digital Services, Inc., is responsible for addressing any claims of the end-user or any third party relating to the Software or your possession and/or use of the Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Software fails to conform to any applicable legal or regulatory requirement; and, (iii) claims arising under consumer protection or similar legislation.

24. Proprietary Nature of Software and Trademarks. Company owns or is licensed to use the Software and any and all trademarks, service marks and content included in the Software. The Software may incorporate trademarks, service marks or other content in connection with the services it provides and such trademarks, service marks or other content remains at all times the property of its respective owners. You have no right or license with respect to any trademarks, service marks and other content owned by Company or any third party that is visible on or provided to you through the Software.

25. Third Party Terms of Agreement. You agree to comply with all applicable third party terms of agreement when using the Software.

26. Governing Law. In order to assure consistency in the interpretation of this agreement, this Agreement is governed exclusively by the laws of the State of California, without giving effect to its conflict of law rules. This Agreement is not governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is expressly excluded. The parties further agree that the place of contract and performance of this Agreement is Los Angeles, California, USA. You consent to the exclusive venue and personal and subject matter jurisdiction in the courts of Los Angeles County, California and the District Court in Los Angeles County, California.

27. Waiver/Severability. The failure of Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is for any reason held unenforceable or invalid, then this Agreement shall be construed as if such provision were not contained in this Agreement.

28. Assignment.. Except to the extent such rights cannot be restricted by applicable law, you shall not assign, sublicense, convey or transfer (collectively, “Assign”) this Agreement (whether by contract, merger or operation of law) without the prior written consent of Company, and any such attempt by you to Assign any rights, duties, or obligations hereunder shall have no power or effect, and is subject to Company’s right to immediately terminate this Agreement.

29. Arbitration. Any dispute, claim or controversy arising out of or related to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration before a single arbitrator through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties, or, if no agreement is reached within ten (10) days of a request for agreement, then according to the rules (“Rules”) of the American Arbitration Association. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction. All aspects of the arbitration shall be treated as confidential, as provided in the Rules. Before making any disclosure permitted by the Rules, a party shall give written notice to the other party and afford such party a reasonable opportunity to protect its interests. You agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Company are each waiving the right to a trial by jury and the right to participate in a class or representative action. YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, the arbitrator may not consolidate more than one person’s claims with your or Company’s claims, and may not otherwise preside over any form of a class or representative proceeding.

30. Entire
Agreement; Modifications. This Agreement comprises the entire agreement between you and Company, and supersedes any other agreement or discussion, oral or written, with respect to the subject matter of this Agreement, and may not be changed except by a written agreement signed in hardcopy form by both parties. There shall be no application of any rule of construction of this Agreement against the drafter as you have had an opportunity to have this Agreement reviewed by your counsel.

31. Intellectual Property Rights Policy; DMCA
Notification.

We respect the rights of intellectual property holders. If you believe that any content on the Software violates your intellectual property rights, you can report such violation to us in accordance with the Digital Millennium Copyright Act (17 U.S.C. §512). In the case of an alleged infringement, please provide the following information:

A description of the copyrighted work or other intellectual property that you claim has been infringed;

A description of where the material that you claim is infringing is located on the Software (including the exact URL);

An address, a telephone number, and an e-mail address where we can contact you;

A statement that you have a good faith belief that the use is not authorized by the copyright or other intellectual property rights owner, by its agent, or by law;

A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner's behalf; and

Your electronic or physical signature, or that of the person authorized to act on behalf of the owner of the copyright or other right being infringed.

We may request additional information before we remove allegedly infringing material. You may report a copyright violation by providing the above information to the Whalerock designated agent listed below.

We will terminate the user account of any user who repeatedly submits content that violates our intellectual property policies. A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had Content removed from the Software more than twice.

KHLOE KARDASHIAN™

MOBILE APP PRIVACY POLICY

Effective Date: April 17, 2017

Introduction

This Privacy Policy (“Policy”) describes the privacy practices for the Khloe Kardashian™ Mobile App (the “App”), which is owned and operated by WRI Tx (“Company” or “We”). This Policy applies only to information we may collect or that you may provide when you purchase, download, install, register with, access or use the App, in e-mail, text and other electronic communications set through or in connection with this App and any other sources. This policy does not apply to information that we collect offline or on any other Company apps or websites, including websites you may access through this App or you provide to or is collected by any third party. Our websites and apps and these third parties may have their own privacy policies, which we encourage you to read before providing information on or through them.

Please read this Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, do not download, register with or use this App. By downloading, registering with or using this App, you agree to this Policy. This Policy may change from time to time. Your continued use of this App after we make changes is deemed to be acceptance of those changes, so please check the Policy periodically for updates.

Children
under the Age of 13

The App is not intended for children under 13 years of age, and we do not knowingly collect personal information from children under 13. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at PrivacyKardashianJenner@whalerockindustries.com.

Information
We Collect and How We Collect It

We may collect information from and about users of the App directly from you when you provide it to us and/or automatically when you use the App.

Information You Provide to Us.

When you download, register with or use this App, we may ask you provide information by which you may be personally identified, such as name, postal address, e-mail address, telephone number, credit card number, geolocation, mobile device identification number, or any other identifier by which you may be contacted online or offline (“personal information”), or that is about you but individually does not identify you.

This information includes: (i) Information that you provide by filling in forms on the App. This includes information provided at the time of registering to use the App, subscribing to our service, posting material, and requesting further services. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with the App; (ii) records and copies of your correspondence (including e-mail addresses and phone numbers), if you contact us; (iii) Your responses to surveys that we might ask you to complete for research purposes; (iv) Details of transactions you carry out through the App and of the fulfillment of your orders (note that you may be required to provide financial information before placing an order through the App); (v) Your search queries on the App; and (vi) Your appearance at events where you use a QR code at the event location to indicate to us that you attended the event. You may be able to access features of the App by using your Facebook or other social media accounts. Your privacy settings on your Facebook or other social media accounts, as well as the social media companies’ respective privacy policies, will determine the personal and other information that may be shared with us when you access the App.

You may be able to provide information to be published or displayed (“Posts” or “Posted”) on public areas of websites you access through the App (collectively, “User Contributions”). Your User Contributions and Posts may be transmitted to others at your own risk. We cannot control the actions of third parties with whom you may choose to share your User Contributions. Therefore, we cannot guarantee that your User Contributions will not be viewed by unauthorized persons.

Automatic Information Collection And Tracking

When you download, access and use the App, it may use technology to automatically collect certain information, including but not limited to:

• Usage
Details. When you access and use the App, we may automatically collect certain details of your access to and use of the App, including traffic data, location data, logs and other communication data and the resources that you access and use on or through the App.

• Stored
Information and Files. The App also may access metadata, tags and other information associated with other files stored on your device. This may include, for example, photographs, audio and video clips, personal contacts and address book information.

• Location
Information. This App may collect real-time information about the location of your device, as well as demographic, usage patterns and other non-personally identifiable profile information about you.

We also may use technologies to collect information about your usage of the App over time. We do not respond to web browser “do not track” signals.

Information Collection And Tracking Technologies. The technologies we use for automatic information collection may include:

• Cookies. A cookie is a small file placed on your mobile device. It may be possible to refuse to accept mobile cookies by activating the appropriate setting on your mobile device. However, if you select this setting you may be unable to access certain parts of our App.

• Web
Beacons. Pages of the App or our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an e-mail and for other related app statistics (for example, recording the popularity of certain app content and verifying system and server integrity).

Third-party Information Collection

When you use the App or its content, certain third parties may use automatic information collection technologies to collect information about you or your device. These third parties may include: advertisers, ad networks and ad servers, analytics companies, your mobile device manufacturer, your mobile service provider, etc.

These third parties may use tracking technologies to collect information about you when you use this App. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites, apps and other online services or websites. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties’ tracking technologies or how they may be used. If you would like more information about this practice and to know your choices about not having this information used by these third-parties, please go to http://www.networkadvertising.org/choices.

How
We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information, to:

• Provide you with the App and its contents, and any other information, products or services that you request from us.

• Fulfill any other purpose for which you provide it.

• Give you notices about your account or subscription, including expiration and renewal notices.

• Carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.

• Notify you when App updates are available, and of changes to any products or services we offer or provide though it.

The usage information we collect helps us to improve our App and to deliver a better and more personalized experience by enabling us to:

We may also use your information to contact you about our own and third parties’ goods and services that may be of interest to you. We may use the information we collect to display advertisements to our advertisers’ target audiences. If you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

Disclosure
of Your Information

We may disclose aggregated and de-identified information about our users without restriction. In addition, we may disclose personal information that we collect or you provide:

• To our subsidiaries and affiliates.

• To contractors, service providers, content providers, and other third parties we use to support our business.

• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by us about our App users is among the assets transferred.

• To third parties to personalize services and products offered to you.

• To fulfill the purpose for which you provide it.

• For any other purpose disclosed by us when you provide the information.

• With your consent.

• To comply with any court order, law or legal process, including to respond to any government or regulatory request.

• To enforce our rights arising from any contracts entered into between you and us, including the Terms of Use, this Policy, and for billing and collection.

• To protect safety and integrity of the App, its users, the public or other parties as is deemed appropriate, in its sole discretion.

• To protect and defend our rights or property, you, or other third parties from fraud, abuse, or violation of the Terms of Use or illegal acts.

• If we believe disclosure is necessary or appropriate to protect our rights, property, or safety or that of our customers, users, contractors or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Accessing,
Correcting and Deleting Your Information

You may review and change your personal information by logging into the App and visiting your account profile page. You can request and obtain removal of your Posts and User Contributions by emailing KhloeSupport@kardashianjennerdigital.com with your request and specifying the particular Post or User Contribution you seek to remove. We may not accommodate a request to change or delete any information if we believe such action would violate any law or legal requirement or cause the information to be incorrect. Removal of your Posts or User Contributions from the App does not ensure complete or comprehensive removal of such Posts or User Contributions from the App as copies may remain viewable in cached and archived pages, or might have been copied or stored by other App users. You can unsubscribe from any newsletters or various promotional emails at any time by clicking on the “unsubscribe” links provided in such communications. You may not opt out of App-related communications, such as account verification, purchase confirmations and administrative messages, so long as you are registered with the App.

Transfer of Information

As we develop our business, we might buy or sell businesses or their assets, or engage in transfers, acquisitions, mergers, restructurings, changes of control, or other transactions. In such transactions, customer information generally is one of the transferred business assets and your information may be subject to such a transfer. You agree to and do hereby consent to any such transfer. Also, in the unlikely event of a bankruptcy, your information may be transferred to a bankruptcy trustee or debtor in possession and then to a subsequent purchaser.

Social Media Plug-ins

We may integrate social media application program interfaces or plug-ins (“Plug-ins”) from social networks, including Facebook, Twitter, Instagram, Tumblr, Pinterest and others, into the App. Plug-ins may transfer information about you to the Plug-in’s respective platform without action by you. This information may include your platform user identification number, which website you are on, and more. Interacting with a Plug-in will transmit information directly to that Plug-in’s social network and that information may be visible by others on that platform. Plug-ins are controlled by the respective platform’s privacy policy, and not by our Policy.

Processing Your Information

The App is hosted in the United States. Your use of the App from the European Union or any other place in the world means you agree to transfer, store and process your personal information to and in the United States, which laws may not provide the same level of protection of those in your country from which you access the App. We may limit the availability of the App or any service or product described in the App to any person or geographic area at any time. If you choose to access the App from outside the United States, you do so at your own risk.

Your
California Privacy Rights

California Civil Code Section 1798.83 permits users of our App that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. Alternatively, businesses may have in place a policy not to disclose personal information of customers to third parties for the third parties’ direct marketing purposes if the customer has exercised an option to opt-out of such information-sharing. If you wish to opt-out of our sharing of your personal information with third parties for the third parties’ direct marketing purposes or to find out more about your opt-out rights, please contact us at PrivacyKardashianJenner@whalerockindustries.com.

Data Security

We have put in place physical, electronic, and managerial procedures designed to help prevent unauthorized access, to maintain data security, and to use correctly the personal information we collect online. These safeguards vary based on the sensitivity of the personal information that we collect and store. But the safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our App, you are responsible for keeping this password confidential. You should not share your password with anyone. Unfortunately, the transmission of information via the Internet and mobile platforms is not completely secure. Although we take reasonable precautions to protect your personal information, we cannot guarantee the security of your personal information. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures we provide.

Limitation of Liability

TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, (A) IN NO EVENT SHALL COMPANY BE LIABLE TO YOU WITH RESPECT TO USE OF THE SOFTWARE, CONTENT OR SERVICES AND (B) IN NO EVENT SHALL COMPANY BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THESE TERMS OR THE USE OF OR INABILITY TO USE THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OR CORRUPTION OF DATA, BREACH OF PRIVACY OR SECURITY, TRANSMISSION OF PERSONAL DATA OR FAILURE OR MALFUNCTION OF YOUR DEVICE. YOUR SOLE REMEDY UNDER THESE TERMS IS TO CEASE USE OF THE SOFTWARE. COMPANY DISCLAIMS ANY AND ALL LIABILITY OF ANY KIND FOR ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR PERSONALLY IDENTIFIABLE INFORMATION. BY ACCESSING THE APP, YOU ACKNOWLEDGE AND AGREE TO COMPANY’S DISCLAIMER OF SUCH LIABILITY. IF YOU DO NOT AGREE, YOU SHOULD NOT ACCESS OR USE THE APP. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE APP MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Changes
to Our Policy

We may update our Policy from time to time. Non-material changes will take effect immediately. If we make material changes, we will notify you by email (at the email address you have provided to us) or through notice on www.Khloewithak.com, and will also indicate as much at the top of this page. Material changes will take effect 30 days after such notice. We encourage you to review this Policy at least every 30 days to check for material changes.

Contact Information

Privacy Concerns. If you have any concern or complaint about privacy on the Site, please contact us at WRI Tx, Attn: Legal Affairs, Pacific Design Center, Red Building, 750 North San Vicente Blvd, 900W, West Hollywood, CA 90069 U.S.A or email us at PrivacyKardashianJenner@whalerockindustries.com. We will do our best to respond to you in a timely and professional manner in order to answer your questions and resolve your concerns.